[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Issue]
[Pages 10385-10543]
[From the U.S. Government Publishing Office, www.gpo.gov]




[[Page 10385]]

                           VOLUME 156--PART 8
                           
                           
                     SENATE--Thursday, June 10, 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 PRESIDING OFFICER. Today's prayer will be offered by our guest 
Chaplain, Rev. Dr. Joseph Castleberry, president of Northwest 
University, in Kirkland, WA.
  The guest Chaplain offered the following prayer:
  Let us pray.
  ``Our Father who art in heaven, hallowed be Thy Name. Thy Kingdom 
come, Thy will be done, on Earth as it is in heaven.'' As our founding 
mothers and fathers prayed before us, we ask again that You would make 
America a shining city on a hill. Make our land a beacon to all the 
world of the sacred values Your Kingly rule has taught us. Turn our 
hearts anew toward You, and let righteousness exalt our Nation. Pour 
out Your Spirit upon us, and hasten the day when peace will reign in 
the Kingdom.
  Protect our military personnel around the world with Your strong hand 
and heal those who are wounded. Bless their families with the soothing 
touch of Your presence.
  Bless these Senators and their staffs today with love and friendship, 
health and strength, wisdom and prudence, holiness and hope. Let them 
feel Your presence in the godly work of justice with which we have 
charged them. Let the cherished ideals of our Nation rule their 
deliberations this day and always.
  We pray these things in the Name of the King of Kings and Lord of 
Lords. 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, June 10, 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.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. REID. Madam President, I ask unanimous consent that the Senator 
from Washington, Mrs. Murray, be recognized for whatever time she may 
take. Following that, I will announce the schedule for today and give 
an opening statement. We will see if at that time Senator McConnell 
will be here to give a statement.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from Washington.

                          ____________________




                           THE GUEST CHAPLAIN

  Mrs. MURRAY. Madam President, I am delighted to be here today to 
welcome our guest Chaplain, Dr. Joseph Castleberry, to the Senate. Dr. 
Castleberry is president of Northwest University in Kirkland, a town 
not far from where I grew up in Bothell, WA.
  Northwest is a Christian university comprised of six schools and 
colleges, including arts and sciences, business education, nursing, 
social and behavioral sciences, and ministry. The university offers 
about 50 undergraduate programs, eight master's degree programs, and a 
doctor of psychology program.
  The school prides itself on its three core values of spiritual 
vitality, academic excellence, and empowered engagement.
  Dr. Castleberry is an ordained minister in the Assemblies of God, the 
university's sponsoring denomination. His distinguished career has 
focused on both faith and education. He earned a bachelor of arts 
degree from Evangel University in 1983, a master of divinity degree 
from Princeton Theological Seminary in 1988, and a doctor of education 
degree in international educational development from Teachers College, 
Columbia University, in 1999.
  In addition to that impressive background, Dr. Castleberry has a wide 
array of experience as a missionary, educator, and pastor. For over two 
decades, in fact, he served communities throughout Central and South 
America where he was involved in education, church planning, and 
community development.
  Dr. Castleberry is the founder of the Freedom Valley Project. It is a 
community development ministry among African-American people of 
Ecuador's Chota Valley region. He is active in a number of academic and 
cultural programs devoted to furthering interreligious understanding 
and dialog.
  Dr. Castleberry and his wife Kathleen have three daughters--Jessica, 
Jodie, and Sophie. I was also very amazed to learn that he speaks a 
remarkable 10 languages.
  I am very pleased Dr. Castleberry could join us in the Senate today. 
I thank him for his service to the students and faculty at Northwest 
University, as well as his dedication to helping communities around the 
world.
  I also thank Senate Chaplain Dr. Black for inviting Dr. Castleberry 
to deliver the opening prayer for the Senate this morning.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The majority leader.

[[Page 10386]]



                          ____________________




                                SCHEDULE

  Mr. REID. Madam President, today at a quarter to 10, the Republican 
leader or his designee will make a motion to proceed to S.J. Res. 26, 
which is a joint resolution of disapproval of a rule submitted by EPA 
relating to the endangerment findings and the cause or contributing 
findings for greenhouse gases. There will be up to 6 hours of debate 
equally divided between Senators Murkowski and Boxer or their 
designees, with the controlled time alternating in 30-minute blocks, 
with Senator Murkowski controlling the first 30 minutes. If all time is 
used, the vote on the motion to proceed will occur at 3:45 p.m. If the 
motion to proceed is agreed to, there will be an additional 1 hour of 
debate on the joint resolution prior to a vote on passage of the joint 
resolution.
  As I indicated yesterday, there will be no rollcall votes tomorrow or 
Monday, June 14.

                          ____________________




                                EPA RULE

  Mr. REID. Madam President, the Murkowski resolution, which we will 
take up soon, will increase pollution, increase our dependence on 
foreign oil, and stall our efforts to create jobs and, in so doing, 
stall our efforts to move to a clean energy economy.
  This resolution does nothing to create jobs in Nevada or anyplace 
else in our country. It does create jobs in places from where we are 
importing oil--the Middle East, Venezuela, places such as that--but not 
in our country.
  In fact, this resolution will damage the certainty and clarity that 
businesses want to invest in innovative and job-creating technologies 
that reduce pollution. This includes clean renewable power using the 
Sun, the wind, and geothermal energy.
  This resolution is not going to help bring us closer to providing 
more incentives for the production or use of clean-burning natural gas. 
This resolution is not going to help provide funding for Nevadans or 
Alaskans or any other State to cope with and adapt to a changing and 
increasingly unfriendly climate.
  Forcing this vote seems to be a largely partisan political ploy 
designed to divide Democrats and Republicans and to pander to the 
dirty, just-say-no crowd. They want business as usual with no limits on 
their ability to pollute.
  The White House has made it clear that the Murkowski resolution would 
be vetoed if it passes. We all know, in fact, if it does pass and a 
veto is made, that it would be sustained.
  We also know that this resolution is a great big gift to big oil, at 
least 455 million more barrels of oil would be used, making at least 
$50 billion extra for the oil companies, and billions more if this 
resolution were to become law. And most of that oil will come from 
overseas. We know that.
  Is this the kind of business as usual the American people want? Of 
course not. No, the public wants companies to give them choices of 
cars, products, and fuels that are less polluting, affordable, and made 
in America, not from the Persian Gulf, China, or other places.
  This resolution is very much a choice about the future of our 
country. Do we want to return to the days when big oil and their 
friends, with OPEC's help, decided America's economic destiny or are we 
going to work together to solve the incredibly difficult problems posed 
by the way we produce and use energy? Are we going to work together to 
reduce pollution?
  I am convinced that we can pass strong, bipartisan legislation to 
create jobs, protect the environment, and make a safer and more secure 
future. But that would require the help of everyone in the Senate to be 
involved in a constructive engagement, and only a few have stepped 
forward. I hope that changes soon.
  Will the Chair announce the business before the Senate?

                          ____________________




                       RESERVATION OF LEADER TIME

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

                          ____________________




                   RECOGNITION OF THE MINORITY LEADER

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

                          ____________________




                        RESOLUTION OF OPPOSITION

  Mr. McCONNELL. Madam President, later today, the Senate will vote on 
an issue of vital importance to every American family and business, and 
that is whether the Environmental Protection Agency should be allowed 
to impose a backdoor national energy tax on the American people.
  This vote is needed because of the administration's insistence on 
advancing its goals by any means possible, in this case by going around 
the legislative branch and imposing this massive, job-killing tax on 
Americans through an unaccountable Federal agency.
  Ironically, just last year, President Obama and EPA Administrator 
Lisa Jackson took the position that on an issue of this magnitude, 
which touches every corner of our economy, Congress, not the EPA, 
should determine how to reduce greenhouse gas emissions. But now that 
it is clear Congress will not pass this new national energy tax this 
year, the administration has shifted course and is now trying to get 
done through the backdoor what they have not been able to get through 
the front door.
  Like the cap-and-trade legislation they would replace, these EPA 
regulations would raise the price of everything from electricity to 
gasoline to fertilizer to food on our supermarket shelves. That is why 
groups representing farmers, builders, manufacturers, small business 
owners, and the U.S. Chamber of Commerce are so strongly opposed to 
these EPA regulations and so supportive of the Murkowski resolution to 
stop them.
  These groups know these backdoor moves by EPA will deal a devastating 
blow to an economy already in rough shape. And so does the President. 
He said himself that his plan would cause electricity prices for 
consumers to ``necessarily skyrocket.'' The President himself said this 
plan would cause prices for consumers to ``necessarily skyrocket.''
  At a time of nearly 10-percent unemployment, these new regulations 
would kill U.S. jobs. According to one estimate, the House cap-and-
trade bill would kill more than 2 million U.S. jobs and put American 
businesses at a disadvantage to their competitors overseas.
  Closer to home, these regulations would be especially devastating for 
States such as Kentucky and other Midwestern coal States. EPA 
regulations resulting in dramatic energy price increases would 
jeopardize the livelihoods of the 17,000 miners in our State and an 
additional 51,000 jobs that depend on coal production and the low cost 
of electricity that Kentuckians enjoy. That is why in the last few days 
alone, my office has received more than 1,000 letters, e-mails, and 
phone calls from Kentuckians opposed to this effort from EPA.
  A lot of Kentuckians work hard to ensure that our State has the 
lowest industrial electricity rate in the Nation, and that is something 
we are proud of at home.
  This bill would lead to a dramatic increase in these electricity 
rates, punishing businesses both large and small.
  But the job losses would not stop there. As I indicated, this 
backdoor energy tax would be felt on farms as well, where increased 
energy and fertilizer prices would drive up costs for farmers and 
livestock producers who do not have the ability to pass on these 
increases. This would be an especially painful blow to them, and that 
is why the Farm Bureau and many other farm groups oppose what the EPA 
is trying to do.
  There are many different views in this body on how to reduce 
greenhouse gas emissions. Some favor the Kerry- Lieberman cap-and-trade 
bill, a significant portion of which, by the way, has been pushed by 
the oil company BP. Many Members on this side of the aisle have 
proposals they support as well.

[[Page 10387]]

  One thing we should be able to agree on is that the worst possible 
outcome is for the unelected bureaucrats at the EPA to unilaterally 
impose these job-killing regulations. That is why it is my hope that 
later this afternoon we will vote to stop this blatant power grab by 
the administration and EPA and pass Senator Murkowski's legislation to 
stop this backdoor national energy tax dead in its tracks.
  This effort by the EPA would be devastating for jobs and an economy 
that needs them desperately. It is bad for the economy and bad for 
representative democracy. It should be stopped.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Alaska.

                          ____________________




        RESOLUTION OF DISAPPROVAL OF EPA RULE--MOTION TO PROCEED

  Ms. MURKOWSKI. Madam President, during the Memorial Day recess, we 
received two pieces of alarming news that should inform the work of 
every Member in this Chamber. First, we learned the national debt has 
surpassed $13 trillion in total, and then shortly after that, we 
learned that nearly all the jobs that were added in May came from 
temporary census positions. The private sector created just 41,000 jobs 
last month--many fewer than expected and certainly a far cry from the 
pace that will allow us to dig out from under this economic recession.
  I think we all recognize there is no question that our recovery is 
still fragile--very much in doubt. It is also quite clear it will take 
some time for millions of unemployed Americans to find their jobs and 
get back on their feet again. These tough facts should encourage us to 
focus on these policies that create jobs, that reduce our debt, and at 
the same time should encourage us to guard against policies that fail 
in either or both of those areas.
  Madam President, we are here today to debate a policy that works 
against both of those goals--the Environmental Protection Agency's 
effort to impose economy-wide climate regulations under the Clean Air 
Act. The sweeping powers being pursued by the EPA are the worst 
possible option for reducing greenhouse gas emissions, and there is 
broad bipartisan agreement that this approach would forgo all of the 
benefits, all of the protections that are possible through legislation. 
It would reduce emissions at an unreasonably high cost and through an 
unnecessarily bureaucratic process. It would amount to an unprecedented 
power grab, ceding Congress's responsibilities to unelected 
bureaucrats, and move a very important debate, a critical debate, from 
our open halls to behind an agency's closed doors.
  This approach should have been, could have been taken off the table 
long ago. Yet because the EPA is determined to move forward 
aggressively and because neither Congress nor the administration has 
acted to stop them, it is now in the process of becoming our Nation's 
de facto energy and climate policy.
  Because this is our worst option to reduce emissions and Congress 
needs time to develop a more appropriate solution, I have introduced a 
resolution of disapproval--I introduced this back in January--to halt 
the EPA's regulations. My resolution does not affect the science behind 
the endangerment finding, but it will prevent the finding from being 
enforced through economy-wide regulations.
  Forty other Senators here in this body have joined me and are 
cosponsors of this effort. Our resolution has garnered significant 
support among the American people, and from the day it was introduced, 
we have had individuals and we have had groups and organizations from 
all across the country that have expressed their support and their 
appreciation. It really is a tremendous coalition, a significant 
coalition from farmers and manufacturers, to small business owners, to 
fish processors. There are more than 530 stakeholder groups that have 
endorsed our resolution's passage, and I will tell you, when you look 
at some of those groups, you would not put them in a category where you 
would say: Well, this is an entity that is standing up to fight, to 
push back against the EPA. But I will suggest to you that the broad 
range of stakeholders is really quite impressive.
  Despite that support, I will still be the first to admit that we face 
an uphill battle. We oppose the EPA's regulations because of their 
costs, most definitely. But, unfortunately, that seems to be precisely 
why some Senators have gone out front to support them, hoping these 
economic costs will be so onerous that it will force us here in the 
Congress, here in the Senate, to adopt legislation we otherwise 
wouldn't move to do.
  This has been an interesting, sometimes difficult and contentious 
several months as we have moved forward with this resolution of 
disapproval. Personal attacks have been directed at supporters of this 
resolution in an effort, I think, to intimidate others from adding 
their names.
  The EPA Administrator has, somewhat incredibly, suggested our 
resolution was somehow related to the oilspill that is ongoing in the 
gulf. Some have even claimed the resolution is a bailout for the oil 
companies and are trying to make sure we don't let another crisis go to 
waste--in other individuals' terms--in their efforts to pass sweeping 
cap-and-trade measures. I would suggest that the only similarity I see 
between the spill in the Gulf of Mexico and the EPA's regulations is 
that both of these are unmitigated disasters. One is happening now; the 
other one is waiting in the wings if Congress fails to adopt this 
resolution.
  This decision--where we are today here in the Senate debating this 
resolution of disapproval--ultimately boils down to four substantive 
factors. The first one is the inappropriateness of the Clean Air Act 
for reducing greenhouse gas emissions. The second is the likelihood 
that the courts will strike down the tailoring rule. Then we also have 
the lack of economic analysis from the EPA, which is stunning--that we 
do not have a better sense in terms of what the economic impact of 
these regulations will be. Then finally and certainly above all else is 
the undisputed fact that climate policy should be written here in 
Congress. It is not just Lisa Murkowski who says that, and it is not 
just the other 40 Senators who have signed on as cosponsors to this 
resolution of disapproval; it is everyone from the President, to the 
Administrator of the EPA, to colleagues on the House side who have said 
time and time again that it should be the Congress, it should be those 
of us who are elected Members of this body who set the policy of this 
country and not the unelected bureaucrats within an agency.
  I would like to speak to each of these four factors in a little 
greater detail, so I will start by examining why the Clean Air Act is 
such an awful choice for reducing these emissions. I have explained 
this many times before, so I will reiterate two main points here--first 
is the way these regulations are carried out.
  You have command-and-control directives that are issued by the 
government that affect every aspect of our lives, rather than market-
based decisions made by consumers and businesses. I wish to reinforce 
that, the fact that these are directives that will impact every aspect 
of our lives.
  When we were debating health care reform here on this floor not too 
many months ago, it was repeated time and time again that it was so 
important we get this right because health care reform will impact one-
sixth of our economy. Well, I would suggest to you that when we are 
talking about climate policy, that is something which is going to 
impact every aspect--100 percent--of our economy.
  The system imposed by the EPA will entail millions of permit 
decisions--millions of permit decisions--by midlevel EPA employees, 
without effective recourse, and it will leave regulated entities with 
very little flexibility to comply.
  Another reason the Clean Air Act is extremely complicated for 
reducing greenhouse gas emissions: the Clean Air Act's explicit 
regulatory thresholds. They absolutely put an exclamation mark on why 
this law is such a poor choice for addressing climate change.

[[Page 10388]]

  Under the Clean Air Act, if you emit more than 100 or 250 tons of a 
pollutant each year, you must acquire a Federal air permit. These 
relatively low limits make sense for conventional air pollutants that 
are emitted in small quantities, but they become wildly problematic 
when dealing with a substance emitted in huge volumes through nearly 
every form of commerce, such as carbon dioxide is.
  So the question needs to be asked, then, how big is this new 
regulatory act we are talking about? The EPA recently projected that 
some 6.1 million sources could be required to obtain new title V 
operating permits. Under the current regulations, the EPA is dealing 
with about 15,000. So the EPA would now be charged with moving up 
dramatically from regulating and issuing about 15,000 title V operating 
permits to some 6.1 million permits. Whom does this include? It would 
include millions of residential buildings, small businesses, schools, 
hospitals, and restaurants found in every town in America.
  Over time, the EPA's approach would increase their regulation by an 
order of magnitude, and the consequences would be just as enormous. And 
no one is more aware of this very uncomfortable fact than the EPA 
itself. They know they can't go from the 15,000 permits they currently 
deal with on an annual basis up to 6.1 million permits. That is why the 
Agency has attempted to very dramatically increase the threshold for 
greenhouse gases in its tailoring rule. They are unhappy with the plain 
language, the very direct language of the Clean Air Act. The Agency 
plans to lift its limits up to 1,000 times higher than Congress has 
directed.
  So what you have is a situation where the EPA has simply not accepted 
that the Clean Air Act is not structured for this task, and instead 
they have attempted to make it so by ignoring the plain language--the 
plain language that says you have to regulate at 100 or 250 tons per 
year. They are effectively unilaterally amending the Clean Air Act.
  Equally astounding is that by temporarily relieving part of a 
permitting burden, the EPA is claiming that consumers and businesses--
the people who purchase and the people who use the energy--will face no 
economic impact, which is incredible to believe.
  I ask my colleagues to think about the logic behind the tailoring 
rule. The EPA is asking us to accept that while greenhouse gases are 
not in the Clean Air Act, the Congress clearly intended them to be 
regulated under it. At the same time, we are expected to believe that 
while explicit regulatory thresholds are in the act, Congress meant for 
the EPA to ignore them. Well, Madam President, I would suggest to you 
that is a pretty thin read, and it becomes even thinner when you 
consider the changes that are made between the tailoring rule that was 
proposed just last year and then the final rulemaking that was issued 
just last month.
  In last year's draft, what you saw was the EPA planning to ratchet 
down to the Clean Air Act's actual threshold levels--to get down to the 
250 tons per year--and to put that into effect over the course of the 
next 5 years. Now the EPA is suggesting that it may exempt entire 
sectors and never even reach the statutory limits. Think about it. What 
happens then? That is when the lawsuits pop up. This is not going to 
provide the level of certainty I think those in business are seeking. 
What you will see is lawsuits as some sectors and some sources are 
regulated while others are not. And I would suggest that difference 
between the tailoring proposal from last year and where we are now is 
driven not by the law but by fear of the political backlash out there--
the outrage from people all over the country in terms of the negative 
economic impact to them and their families and their communities.
  That is why it is tough to find an impartial legal expert who 
believes this tailoring rule will actually hold up in court. Consider a 
speech given last year by Judge David Tatel of the DC Circuit Court of 
Appeals. This was a speech on how the EPA can avoid being sued over its 
rulemakings. Judge Tatel said:

       . . . whether or not agencies value neutral principles of 
     administrative law, courts do, and they will strike down 
     agency action that violates those principles--whatever the 
     President's party, however popular the administration, and no 
     matter how advisable the initiative.

  Those were the comments from a DC Circuit judge specifically on this 
issue as to how the EPA avoids lawsuits.
  Let me move to the third area of concern I have with EPA moving to 
regulate in the area of greenhouse gas emissions--the economic 
consequences of EPA regulation. We have to ask the question: What 
exactly are those consequences? Believe it or not, at this point in 
time we still do not know because the EPA has refused to provide 
projections of the economic impacts. In the various rulemakings out 
there, the Agency has engaged in something of a shell game. They are 
either hiding or they are simply not considering the economic cost.
  The EPA has also ignored requests from Members of Congress. I have 
asked them, and other Members of Congress have asked, to conduct this 
very important analysis, but to this day the Agency still has not 
provided anything close to a full projection of the economic impact its 
economy-wide climate regulations will have.
  I guess there were a couple of reasons. The EPA either has no cost 
estimates or they know they are too astronomical to calculate, and they 
do not want them released. My staff has had numerous briefings with EPA 
officials, and they have been told essentially that we will not know 
how much these regulations cost until the best available control 
technologies are imposed on the regulated entities; that is, until the 
EPA figures out how to deal with what it signed itself up for.
  The problem is, the best available control technologies remain 
completely undefined at this point. It could mean efficiency 
improvements, expensive add-on technologies, or even fuel-switching 
requirements. Over time, the EPA would have very little choice but to 
impose all of those requirements and more, regardless of the 
consequences.
  Again, it is not hard to find this quite amazing and alarming. We 
need to be growing our economy not paralyzing it. Everything we do 
right now within this body should be focused on how we grow our 
economy, how we grow the jobs from Maine to Alaska and points in 
between. We know the national unemployment rate remains at almost 10 
percent. Private sector job growth is anemic. Yet as millions of 
Americans are doing everything they can just to find work, bureaucrats 
in Washington, DC, are contemplating regulations that would destroy 
these opportunities.
  Worse still, the people of our States have no voice in this 
bureaucratic process. They are on the verge of being subjected to 
rules, subjected to regulations that will directly impact their lives, 
their livelihoods, their economic opportunities, without ever having an 
opportunity to express their concerns through their Representatives in 
Congress.
  That brings me to my final point. Politically accountable Members of 
the House and the Senate, not unelected bureaucrats, must develop our 
Nation's energy and climate policies. It is as direct as that. Those 
policies must be able to pass on their own merits instead of serving as 
a defense against ill-considered regulations.
  I have said this before, but it bears repeating: Congress will not 
pass--should not pass--bad legislation in order to stave off bad 
regulations. We are neither incapable nor unwilling to legislate on 
energy and environmental policy. We have demonstrated this in the past. 
We did this with landmark environmental legislation such as the Clean 
Air Act, the Clean Water Act, and the Safe Drinking Water Act. We can, 
we should, and we will deal with these environmental challenges that 
face us. But forgoing legislation in favor of regulation would 
sacrifice the priorities and protections that are sought by just about 
every Member of the Senate.
  The things that are being considered when we talk about climate 
legislation are worker training, funding for clean

[[Page 10389]]

technologies, energy security enhancements, border adjustments, 
manufacturing concessions--these would all go by the wayside if climate 
policy is directed through regulation as opposed to legislation. There 
will be no agricultural offsets, no free allowances, no banking, and no 
borrowing under the Clean Air Act. There will be no funding for climate 
research or adaptation, no protection for consumers, and no assistance 
for businesses or workers.
  I do understand some Members say they will only support climate 
legislation that puts a price on emissions. They are frustrated that we 
in the Senate have not done that--have not agreed to do that yet. But I 
do not believe that mandating higher energy costs and imposing 
regulations on consumers and businesses is the only way to solve this 
challenge.
  Some have likened the EPA regulation as the gun to the head of 
Congress that will force us somehow to act more quickly on climate 
legislation than we otherwise would. I think, sadly, a few Members of 
the Senate have actually bought into this coercive strategy. Throughout 
the yearlong debate on this issue--and it has been just about a year. 
It was last September that I attempted to introduce legislation that 
would put the EPA in a 1-year timeout. I was not allowed to bring that 
measure to the Senate floor. But throughout this yearlong debate on the 
issue, opponents have refused to discuss the actual impacts of EPA 
regulation. So I want my colleagues to listen today, listen to the 
debate. See if any opponents actually defend such regulation as being 
good for America.
  Instead, we are going to hear red herrings about science, about fuel 
standards, about the oilspill. But as much as some would want it to be, 
this debate is not about the science of climate change. It is not a 
referendum on any other legislation that is pending in the Senate, nor 
is it about fuel efficiency. The Department of Transportation is and 
has been in charge for 35 years now, and we do not need another agency 
and another standard thrown into the mix to do the same job.
  We updated our Nation's CAFE standards less than 3 years ago to at 
least 35 miles per gallon, and we left DOT in charge of their 
administration. We also outlined a very rational process for standards 
for medium- and heavy-duty trucks. Every target set by this 
administration can be met with existing authorities. As the Department 
of Transportation has admitted, our resolution does not directly impact 
their ability to regulate the efficiency and thus the greenhouse gas 
emissions of motor vehicles.
  There is one very small potential exception and that is air-
conditioning, but I have very little doubt that we would gladly provide 
EPA with the specific authority to regulate those systems instead of 
broad powers over our entire economy.
  The EPA does not need to take over this process, and it should not be 
allowed to do so under a law that was never intended to regulate fuel 
economy. I understand concerns about a patchwork of standards and how 
difficult it would be for the industry to comply. But while we had one 
national standard at the start of 2009, we now have two national 
standards set by two Federal agencies driven by California's standards. 
I have a letter from the National Automobile Dealers Association dated 
just yesterday that spells this out quite clearly. They indicate that 
it in no way helps us to have, again, two national standards set by two 
Federal agencies. The best way to avoid a messy patchwork would be to 
pass our disapproval resolution, revoke California's waiver, and allow 
one Federal agency to set one standard that works for all 50 States.
  Bringing climate science, the oilspill, and fuel economy into this 
debate are attempts at misdirection. They are red herrings that are 
intended to convince Members to oppose the resolution of disapproval. 
But this debate has nothing to do with those topics. It is about 
finding the best approach to reduce emissions and defending against 
policies that fail to strike an adequate balance between the 
environment and our economy. It is about maintaining the separation of 
powers between the legislative and the executive branches as our 
Founding Fathers intended and rejecting an unprecedented overreach by 
the EPA into the affairs of Congress. At its core, this is a debate 
about jobs, about whether we should seek conditions that will lead to 
their creation or enable policies that will destroy them.
  This is our chance to make sure that Federal bureaucrats do not place 
a new burden on millions of hard-working Americans at a time that they 
cannot afford it and in a way they cannot reject. The time has come to 
take the worst option for regulating greenhouse gases off the table 
once and for all.
  Under the procedures of the Congressional Review Act, I accordingly 
move to proceed to the consideration of S.J. Res. 26. I encourage 
Members of this Chamber to support debate on this measure and to vote 
in favor of both the motion to proceed and final passage.
  I know under the unanimous consent agreement, this morning and 
throughout the day it is 30 minutes per side. I am not certain how much 
time I have consumed this morning, if the chair can instruct me?
  The ACTING PRESIDENT pro tempore. The Senator has 2 minutes remaining
  Ms. MURKOWSKI. I know Senator Lincoln was hoping to come over this 
morning. What I will do at this point in time, if I may reserve those 2 
minutes, seeing that Senator Lincoln is not yet here, we can move to 
the Democratic side of the aisle, if Senator Boxer is ready to proceed.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The motion having been made, under the previous order there will now 
be up to 5\1/2\ hours of debate on the motion to proceed with the time 
divided and controlled, in alternating 30-minute blocks, by the Senator 
from California and Senator from Alaska.
  Mrs. BOXER. Madam President, this is a very important debate. The 
Murkowski resolution we are considering today would overturn the 
endangerment finding developed by scientists and health experts in both 
the Bush and Obama administrations that too much carbon pollution in 
the air is dangerous--dangerous for our families, dangerous for our 
environment. Imagine, 100 Senators--not scientists, not health 
experts--deciding what pollutant is dangerous and what pollutant is 
not. Personally, I believe it is ridiculous for politicians, elected 
Senators, to make this scientific decision. It is not our expertise; it 
is not our purview.
  The Murkowski resolution threatens jobs, jobs that we need, that are 
made in America for America.
  Our hearts break every day that we look at what is happening in the 
Gulf. It seems to me more than ironic that Senator Murkowski is 
advocating repealing the scientific finding that too much carbon 
pollution in the air is dangerous, at the same time every American sees 
graphic evidence on television every single day of the deadly carbon 
pollution in the Gulf of Mexico.
  We see here in the saddest pictures what too much carbon-based 
pollution does in water, what it does to our shorelines, what it does 
to our beaches, what it does to our wetlands. I will show a couple of 
other photographs. They are almost too painful.
  But what we do here has consequences. And for someone to come to this 
floor and say too much carbon is not dangerous, then I am sorry, we are 
going to have to look at these pictures even though we do not want to. 
We know the devastation this causes. Our eyes do not deceive us.
  This horrific spill in the gulf has disrupted the lives of hundreds 
of thousands of people employed by fishing industries, tourism 
industries, recreation industries along the gulf coast. So, yes, this 
resolution, this Murkowski resolution, is about jobs.
  Yesterday, Madam President, in your committee on which you serve--and 
I am so proud to have you as a member of the committee, the Environment 
and Public Works Committee--we heard from Captain Michael Frenette. He 
owns the Redfish Lodge in Venice, LA. He shared with us the terrible 
pain, both personal and economic, that

[[Page 10390]]

the people of the gulf region are living through.
  This is what he said:

       The possibility truly exists for many livelihoods to cease; 
     livelihoods that have existed for generations and now are on 
     the brink of financial disaster because of poor decisions by 
     a supercorporate entity that has created the worst oilspill 
     in history off the coast of Louisiana.

  This spill is threatening the $18 billion in economic activity 
generated by fishing, tourism, and recreation on the gulf coast. The 
economic damage in the gulf could last for years to come, although we 
will, of course, do everything in our power to mitigate that damage.
  I want to show you the pictures of the unspoiled California coastline 
and talk a moment about our coastal economy. Ever since I have been 
elected to public life--I was a county official, then a House Member, 
and then the greatest privilege of all, to serve in this body--I have 
fought to protect our coasts. I have fought to protect our coasts 
because I believe they are a gift from God. I believe it is our 
responsibility to protect that gift and to leave that gift for future 
generations. I have fought to protect that coast and I have fought to 
protect those businesses, the businesses that depend on it.
  There are so many other beautiful areas such as this along our 
Pacific coastline--spectacular rocky islands, sandy beaches, estuaries. 
We must preserve these treasures.
  Now $23 billion is the economic activity that supports 388,000 jobs 
off the coast in California. In my home State, our 19 coastal counties 
account for 86 percent of the State's annual activity, for more than $1 
trillion. We must move to clean energy, to protect our environment, to 
protect our jobs. We have to move away from the old ways.
  No one can tell the American people that carbon is not a danger, 
because they have seen it every day of this spill. To say there is no 
danger, and that is what we would be saying today, is absolutely 
contrary to everything people are seeing every day, and do it for big 
oil. That is what this is about. Big oil backs the Murkowski 
resolution.
  So whose side are we on? Are we on the side of the people? Are we on 
the side of clean energy jobs? Are we on the side of the lobbyists and 
special interests that are behind this resolution?
  How does the Murkowski resolution threaten clean energy jobs? We know 
that to move forward with smart regulation of this pollutant, you have 
to have the endangerment finding. It is the predicate for moving 
forward. Therefore, it is the predicate for the incentives that will 
come for clean energy technology.
  We must transition away from those old polluting sources of energy. 
We must look toward the future with optimism. And, again, all you have 
to do is look at the gulf. That is the irony of the timing of this 
Murkowski resolution.
  I think when the timing was set, it was before the gulf spill. But 
the gulf spill tells us why the Murkowski resolution is so wrong. To 
repeal an endangerment finding, straightforward, made by health experts 
in the Bush administration, scientists in the Bush administration, 
health experts in the Obama administration, scientists in the Obama 
administration, for 100 elected people, with no expertise to say, we 
know more than the scientists in the Bush and Obama administrations, we 
know more than the health experts in the Bush and Obama administrations 
is the height of hubris. It is wrong. I know we all feel that we have 
powerful positions here. We have no right to do this. What is next? 
What are we going to do next, repeal the laws of gravity? If we start 
down this path, there is no end in sight. Any Senator can decide that 
she or he knows more than the scientists. Maybe we will say the Earth 
is flat and come down here and argue that one too.
  Everyone knows we are not going to move away from the old energies 
overnight. We need to work together to make sure we do it right. But we 
need to move, move toward a clean energy economy, and the good jobs 
that come with it. This will set us back on purpose. On purpose. 
Because the very people who are bringing you this have not come forward 
with any bill to move us away from these old energies. They are 
stopping us from doing it. They admit it.
  Let's hear what John Doerr, who is one of the leading venture 
capitalists in this country and in the world--he helped launch Google, 
he helped launch Amazon. He tells me that more private capital moves 
through the economy in a day than all of the governments of the world 
in a year. This is where we are going to get the stimulus money to grow 
jobs.
  He told us that clean energy legislation is the spark we need to 
restore America's leadership. He predicted that the investments that 
flow into clean energy would dwarf the amount invested in high-tech and 
biotech combined.
  Mr. Doerr said:

       Going green may be the largest economic opportunity of the 
     21st century. It is the mother of all markets.

  We can either believe the oil lobbyists or we can believe the people 
on the ground who have shown that they know where the economic 
opportunities are. If we go this route, and we repeal this endangerment 
finding, you are moving away from clean energy. You are moving away 
from these opportunities. You are moving away from these technologies 
that will be made in America for America and, frankly, the technologies 
the whole world wants.
  A recent report by the Pew Charitable Trust found that 125,000 jobs 
were generated during the period of 1998 to 2007 in my home State. 
Those jobs, those clean energy jobs, were generated 15 percent faster 
than the economy as a whole, and 10,000 new clean energy businesses 
were launched in that period. So when we look back at California, what 
do we see? We see the greatest area of job growth and new businesses is 
clean energy. What a tragedy. If we pass this today, and it were to 
become law--which I doubt, but it could, and that is its purpose--we 
would completely walk away from America's leadership in clean 
technology, turning our backs on the leading venture capitalists in our 
Nation who are telling us, do not do this.
  Nationwide, Pew found that jobs in the clean energy economy grew much 
faster than traditional jobs. Clean energy jobs grew at a national rate 
of 9.1 percent, compared to 3.7 percent for traditional jobs between 
1998 and 2007. So if you do not want to believe John Doerr--but I 
suggest you do, because he founded Amazon and Google, he funded them--
let's listen to Thomas Friedman. His book is, ``Hot, Flat and 
Crowded.'' Here is what the central theme is:

       The ability to develop clean power and energy efficient 
     technology is going to become the defining measure of a 
     country's economic standing, environmental health, energy 
     security, and national security over the next 50 years.

  As I said, the EPA finding that too much carbon pollution is 
dangerous for our people and our environment is the key incentive to 
moving forward toward our clean energy economy. It is the basis upon 
which we move forward. It is the basis upon which we see their 
incentives then in place for clean energy technologies.
  If this finding were eliminated under the Murkowski resolution, not 
only would it be, I believe, a worldwide embarrassment that the Senate 
is now taking to repealing health findings and scientific findings, but 
it would stop in its tracks the economic opportunities that come from 
clean energy technology.
  We cannot ignore the basic finding that is made in this endangerment 
finding that carbon pollution in the air presents a very serious 
danger, threatening the health of our families, our quality of life, 
and our natural resources. I guess if we pass the Murkowski resolution, 
there would not be any danger anymore because we said so. I mean, you 
know, we can pass a resolution that says there should not be any more 
rain, and I guess then there would not be any more rain. We cannot 
ignore the basic scientific conclusion in that endangerment finding. If 
we were to do this, it would be extraordinary and unprecedented.
  In 2007, the Supreme Court was clear when it ruled that carbon 
pollution and

[[Page 10391]]

other greenhouse gas emissions are air pollutants, and they directed 
the EPA to determine whether this pollution endangers our health. So 
EPA, the Environmental Protection Agency--and I want to say to my 
colleagues, it is not the Environmental Pollution Agency. If you want 
to create an Environmental Pollution Agency, let's have a vote on that. 
It is the Environmental Protection Agency.
  They are not supposed to be influenced by the politics of the day, as 
you know. They are charged with protecting the health of the kids, of 
our families, of our senior citizens, whether they are in Alaska, 
California, New York, or anyplace else in America. They are not the 
Environmental Pollution Agency. As much as big oil would like to 
dictate to them, they are not going to be dictated to by big oil.
  By the way, the EPA was set up by Richard Nixon. Let's be clear here. 
Some of the officials from these States, Republicans, have weighed in 
against the Murkowski resolution and we will show that in a bit here.
  EPA did what they were directed to do by the court. They had to do 
what the scientists and the health experts told them to do. Again, the 
Murkowski resolution would overturn these findings. Leading scientists, 
physicians, and many others agree with the finding and have told us how 
much damage carbon pollution in the atmosphere can do. That is why they 
have stated their strong opposition to the Murkowski resolution.
  Less than a month ago, the National Research Council, which is an arm 
of the National Academy of Sciences comprised of America's leading 
scientists, concluded that climate change is occurring. It is caused 
largely by human activities, and it poses significant risks for and is 
already affecting a broad range of human and natural systems. The 
National Research Council further concluded that changes in climate 
pose risks for a wide range of human and environmental systems, 
including freshwater resources, the coastal environment, ecosystems, 
agriculture, fisheries, human health, and national security.
  EPA Administrators under Presidents Nixon, Ford, and Reagan oppose 
the Murkowski resolution. Let's be clear. This should not be a partisan 
issue. It may wind up being that, but it should not.
  Russell Train, EPA Administrator under Presidents Nixon and Ford, 
writes: I urge the Senate to reject this and any other legislation that 
would weaken the Clean Air Act or curtail the authority of the 
Environmental Protection Agency to implements its provisions.
  William Ruckelshaus, EPA Administrator under Presidents Nixon and 
Reagan, said: Thanks to the 2007 Supreme Court decision on global 
warming, EPA clearly has the right to regulate carbon. Anyone who would 
take away that power--it is a terrible idea.
  William Ruckelshaus, EPA Administrator under Nixon and Reagan, said 
the Murkowski resolution is a terrible idea because this is the way we 
are going to address the problem of climate change.
  Eighteen hundred scientists wrote to us opposing efforts to overturn 
this endangerment finding. In a letter to us, these scientists wrote: 
We the undersigned urge you to oppose an imminent attack on the Clean 
Air Act which would undermine public health and prevent action on 
global warming.
  They go on to say: EPA's finding is based on solid science. This 
amendment represents a rejection of that science.
  I ask unanimous consent to have printed in the Record the letter 
signed by 1800 scientists.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                       Protect the Clean Air Act

               (A letter signed by 1,806 U.S. Scientists)

       Dear Congress: We the undersigned urge you to oppose an 
     imminent attack on the Clean Air Act (CAA) that would 
     undermine public health and prevent action on global warming. 
     This attack comes in the form of House and Senate binding 
     resolutions that would reverse the Environmental Protection 
     Agency's (EPA) finding that global warming endangers public 
     health and welfare. Because the EPA's finding is based on 
     solid science, this legislation also represents a rejection 
     of that science.
       The EPA's ``endangerment finding'' is based on an 
     exhaustive review of the massive body of scientific research 
     showing a clear threat from climate change. The 2007 Fourth 
     Assessment Report of the Intergovernmental Panel on Climate 
     Change found that global warming will cause water shortages, 
     loss of species, hazards to coasts from sea level rise, and 
     an increase in the severity of extreme weather events. The 
     most recent science includes findings that sea level rise may 
     be more pronounced than the IPCC report predicted and that 
     oceans will absorb less of our future emissions. Recently, 18 
     American scientific societies sent a letter to the U.S. 
     Senate confirming the consensus view on climate science and 
     calling for action to reduce greenhouse gases ``if we are to 
     avoid the most severe impacts of climate change.'' The U.S. 
     National Academy of Sciences and 10 international scientific 
     academies have also released such statements. Unfortunately, 
     the Murkowski amendment would force the EPA to ignore these 
     scientific findings and statements.
       The CAA is a law with a nearly 40-year track record of 
     protecting public health and the environment and spurring 
     innovation by cutting dangerous pollution. This effective 
     policy can help address the threat of climate change--but 
     only if the EPA retains its ability to respond to scientific 
     findings. Instead of standing in the way of climate action, 
     the Senate should move quickly to enact climate and energy 
     legislation that will curb global warming, save consumers 
     money, and create jobs. In the meantime, I urge you to 
     respect the scientific integrity of the EPA's endangerment 
     finding by opposing Senator Murkowski's attack on the Clean 
     Air Act.

  Mrs. BOXER. I also wish to display the public health organizations 
that oppose the Murkowski resolution.
  We have to decide whom we want to listen to. Do we want to listen to 
big oil or politicians or do we want to listen to public health 
organizations that oppose the Murkowski resolution? I ask the American 
people to determine which side they are on--the American Academy of 
Pediatrics, the Children's Environmental Health Network, the American 
Nurses Association, the American Lung Association, the American Public 
Health Association, the National Association of County and City Health 
Officials, Trust for America's Health, Physicians for Social 
Responsibility, National Environmental Health Association, American 
College of Preventative Medicine, American Thoracic Society, the 
Association of Public Health Laboratories, the Association of Schools 
of Public Health, the Hepatitis Foundation International, the Union of 
Concerned Scientists. Again, we have included for the record the 
scientists, 1,800 of whom signed a letter to us opposing this.
  I ask unanimous consent to have printed in the Record a letter signed 
by these entities as well as a separate letter from the American Lung 
Association.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                February 23, 2010.
     U.S. Senate,
     Washington, DC.
       Dear Senator: The undersigned national organizations, with 
     a strong commitment to environmental public health issues, 
     write in opposition to a potential amendment or ``Resolution 
     of Disapproval'' by Senator Lisa Murkowski that would 
     overturn or temporarily block the U.S. Environmental 
     Protection Agency (EPA) endangerment finding for six 
     greenhouse gases that contribute to climate change.
       On December 7, 2009, EPA issued final findings that the 
     greenhouse gases that contribute to climate change constitute 
     a danger to public health and welfare. Some of the publc 
     health effects of climate change cited in EPA's announcement 
     include: increased likelihood of more frequent and intense 
     heat waves, more wildfires, degraded air quality, more 
     flooding, increased drought, more intense storms, harm to 
     water resources and harm to agriculture. Given the serious 
     public health implications of increasing greeenhouse gas 
     concentrations, we believe overturning EPA's endangerment 
     finding is bad public health policy.
       We strongly urge you to oppose any amendmenmt or Resolution 
     of Disapproval to overturn or restrict EPAs greenhouse gas 
     endangerment finding.
           Sincerely,
         American Academy of Pediatrics; American College of 
           Preventive Medicine; American Public Health 
           Association; American Thoracic Society; Association of 
           Public Health Laboratories; Association of Schools of 
           Public Health; Children's Environmental Health Network; 
           Hepatitis Foundation International; National 
           Association of

[[Page 10392]]

           County and City Health Officials; National 
           Environmental Health Association; Physicians for Social 
           Responsibility; Trust for America's Health.
                                  ____



                                    American Lung Association,

                                                 January 26, 2010.
       Dear Senator: On behalf of the American Lung Association, I 
     write in support of the Clean Air Act and the implementation 
     of the law by the U.S. Environmental Protection Agency. The 
     American Lung Association urges the Senate to reject Senator 
     Lisa Murkowski's Resolution of Disapproval (S.J. Res 26).
       The resolution would block the U.S. Environmental 
     Protection Agency's Supreme Court-directed endangerment 
     finding that is required under Clean Air Act. EPA made this 
     endangerment finding after a careful review of science and an 
     extensive public comment process.
       Specifically EPA concluded: ``Pursuant to CAA section 
     202(a), the Administrator finds that greenhouse gases in the 
     atmosphere may reasonably be anticipated both to endanger 
     public health and to endanger public welfare.'' (emphasis 
     added)
       The Senate must not vote to ignore the scientific evidence 
     and reject its clear conclusions. The Clean Air Act mandates 
     that the Environmental Protection Agency follow the science 
     and then implement the law accordingly. The Resolution of 
     Disapproval is a cynical attempt to disregard the science and 
     block the enforcement of the Clean Air Act.
       Since its passage in 1970, the Clean Air Act has been the 
     nation's premier public health and environmental protection 
     statute. The Clean Air Act is predicated on the protection of 
     public health. Its implementation is grounded in sound 
     science. The American Lung Association is a staunch supporter 
     of this public health statute because of the enormous impact 
     that air pollution has on public health and the tremendous 
     improvements in the nation's air quality that have resulted 
     from this law.
       The protection of public health is critically important. 
     EPA has found that climate change will make attainment and 
     maintenance of national ambient air quality standards more 
     difficult as well as more frequent and more intense heat 
     waves and other events that adversely impact respiratory 
     health. The American Lung Association urges the Senate to 
     support the Clean Air Act and reject S.J. Res 26.
           Sincerely,
                                                Charles D. Connor,
                                                  President & CEO.

  Mrs. BOXER. These are the experts. These are the people we rely on 
when our children get sick. They don't take them, with all due respect, 
to Senator Boxer for a checkup or Senator Murkowski for a checkup. They 
go to the pediatrician. The pediatricians oppose the Murkowski 
resolution. They are afraid of it because they know who is behind it. 
They know it is the special polluting interests, the big polluters who 
give big money to politicians. They know that. They are smart.
  Let's be clear. We have on our side the people who are responsible 
for taking care of our kids, taking care of families, looking out for 
their health. They don't have any political skin in this game. They 
don't have any special interest in this game. They have one concern--
the health of our families.
  Overturning a scientific finding that states that carbon pollution is 
a threat to the health and well-being of the American public is a 
dangerous step. It would lead us down a perilous road that sets a 
precedent for appealing other scientific findings. I talked a little 
bit about that.
  I want to talk specifically about two other findings that maybe one 
day any Senator, on either side of the aisle, could seek to repeal. 
Imagine if we had done this on lead, lead and children.
  In 1973, EPA did what it had to do and issued an endangerment finding 
for lead in gasoline. At the time, the lead endangerment decision was 
controversial. This was the EPA under Richard Nixon. They said there 
was too much lead in gasoline. They said it was a danger to our kids. 
They said it would cause harm to the brains of our children. So the 
Administrator under Richard Nixon, William Ruckelshaus--who opposes the 
Murkowski resolution today--reached the conclusion that lead presented 
a significant risk of harm to the health of our population, 
particularly our children. What if a Member of Congress came down and 
said: We are going to overturn that. We don't like that rule. We don't 
like that finding. We disagree. We don't think it causes a problem. Can 
my colleagues imagine what would have happened? We would have seen the 
phase down of lead in gasoline delayed for a decade or more, leaving 
another generation of Americans exposed to serious health threats. We 
would have seen hundreds of thousands more children with impaired 
mental function. That is a fact. It may be a fact the other side 
doesn't want to hear, but it is a fact. That is why we have former 
members of the Nixon administration opposing the Murkowski resolution.
  Let's look at the science behind the dangers of smoking. What would 
have happened if people didn't agree with Surgeon General Everett 
Koop--another Republican administration--and they came down and said: 
Well, we are going to speak for the tobacco companies here. Let's 
repeal that. Nicotine isn't a problem, not a problem at all. Let's just 
overturn that health finding.
  Again, I ask my colleagues do they want to stand with the health 
experts, the lung association, the pediatricians, the nurses, or do 
they want to stand with the powerful special interests? It is a simple 
question. Every Member has to answer that.
  We have to stop this attack on science and health. We have to stop 
this attack on the safety of our citizens. Our families come first.
  I think it is important to note that overturning this endangerment 
finding--supporting the Murkowski resolution--is opposed by the auto 
industry and the autoworkers. This is what they tell us. We are 
spending $1 billion a day importing foreign oil. Do Members like that? 
Then vote for the Murkowski resolution. It is going to set us back. We 
won't get off foreign oil if we go down this path.
  This is why we have the automakers opposing Murkowski: On behalf of 
the Alliance of Automobile Manufacturers and its 11 member companies, I 
am writing to express concern over the proposed resolutions of 
disapproval. If these resolutions are enacted, the historic agreement 
creating the one national program for regulating vehicle fuel economy 
and greenhouse gas emissions would collapse.
  The autoworkers are asking us not to do this. Let's see what they 
say: The UAW is deeply concerned that overturning EPA's endangerment 
finding would unravel the historic agreement on one national standard 
for fuel economy. And they go on.
  Clearly, we are at a point where we are finally seeing the auto 
industry come back to life. Let's not pass the Murkowski resolution and 
get them off track. After all the debate and all the arguments, I know 
the Senators from Michigan care deeply about what is happening to their 
autoworkers and their auto companies. We are very clear here what side 
they are on.
  In summary, the Murkowski resolution would upend a historic agreement 
between auto companies, autoworkers, environmental groups, leading 
States such as California that formed the foundation of the recent EPA 
and DOT standards.
  I am going to include for the Record a host of quotes from our 
national security experts who tell us that carbon pollution leading to 
climate change will be, over the next 20 years, the leading cause of 
conflict putting our troops in harm's way. That is why we have so many 
returning veterans who want us to move forward and address this issue 
so we can create the new technologies that get us off this foreign oil. 
Every time we import oil, we hurt ourselves. We have to get off these 
old energy sources. It is a transition. It is not going to happen 
overnight. But if we do things such as the Murkowski resolution, we 
will create chaos. We are going to see jobs lost. We are going to see 
us continue in an economic situation that has no new paradigm for 
economic growth, as we have learned from our venture capitalists, as we 
have learned from analysts, such as Thomas Friedman, who are so clear 
on this point.
  The question before us is this: Will we protect the people we 
represent from dangerous pollution or will we choose to reject science? 
Will we choose to ignore the findings of the scientific community, the 
public health officials, and national security experts?
  If we care about jobs--I know the Presiding Officer does--if we care 
about moving to a clean energy economy, if Members care about health, 
if

[[Page 10393]]

they care about our environment and our natural resources, then they 
should vote no on proceeding to this resolution.
  I hope we will carry the day. I know it will be close. But I have to 
tell my colleagues, this is a significant moment for the Senate because 
if we move down this path, ``Katy, bar the door.'' Any resolution, any 
health finding, any scientific finding is subject to politics. I would 
have thought that in the Senate, we might disagree with how to deal 
with the scientific finding--in other words, what kinds of rules and 
regulations should come out of it--but not to repeal the scientific 
finding itself. That would be unprecedented in the worst of ways.
  I have used my time, the first half hour; am I correct?
  The ACTING PRESIDENT pro tempore. The Senator has 10 seconds 
remaining.
  Mrs. BOXER. Madam President, I have a number of fantastic speakers we 
will hear from in the next ensuing time.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Alaska.
  Ms. MURKOWSKI. Madam President, at this time on the Republican side, 
I ask unanimous consent that for this next half hour, the order be 
Senator Lincoln for 7 minutes, followed by Senator Inhofe at 13 
minutes, Senator Voinovich for 7, and Senator Graham for 5 minutes.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from Arkansas is recognized.
  Mrs. LINCOLN. Madam President, I rise today in support of S.J. Res. 
26, Senator Murkowski's resolution of disapproval.
  First, I would like to thank my friend and colleague, Senator 
Murkowski, for her leadership to prevent this heavy-handed EPA 
regulation of carbon emissions. I am proud to be part of a bipartisan 
group of Senators cosponsoring the resolution because I do believe 
EPA's regulatory approach is the wrong way to promote renewable energy 
and clean energy jobs in Arkansas and the rest of the country.
  Allowing the courts and EPA to use the Clean Air Act to regulate 
greenhouse gases is truly misguided. It would threaten valuable jobs 
during an economic downturn, and it has the potential of actually 
discouraging the use of clean, renewable energy that is already helping 
to keep people working today.
  But, first, let me say a few words on the energy challenges facing 
our Nation. We have committed to ambitious renewable fuel goals, and I 
have supported efforts to set a national renewable energy standard.
  Just last June we passed a bipartisan energy bill out of the Senate 
Energy Committee, and I was very proud of that bill and hoped we would 
move forward on it.
  In order to meet these goals and prosper in the 21st century, we must 
develop clean domestic energy supplies. This means developing all 
sources of energy--everything from wind, to natural gas, to, of course, 
biofuels.
  My home State of Arkansas is already leading in this effort. Wind 
turbines and blades are manufactured in my home State of Arkansas, 
providing hundreds of green jobs to Arkansans. These include Nordex, LM 
Wind Power, Polymarin Composites, and Mitsubishi.
  Arkansas is also home to the Fayetteville Shale, where clean burning 
natural gas has provided an enormous boost to the economy of central 
and north central Arkansas, producing jobs in a huge part of what has 
been positive for our economy.
  Arkansas companies such as Future Fuel in Batesville, AR, are 
producing huge amounts of biodiesel, helping our Nation to meet the 
renewable fuel targets set forth in the 2007 Energy bill, not to 
mention their advanced battery technologies that they are researching 
and building upon.
  Our wood and paper industry produces about two-thirds of the energy 
it needs from renewable forest biomass, providing and sustaining tens 
of thousands of jobs in the process. Facilities that range from small 
sawmills such as Bean Lumber in Glenwood and huge paper mills such as 
Domtar in Ashdown have taken steps to increase their use of renewable 
energy in recent years, saving thousands of critical jobs in the 
process.
  These efforts in Arkansas, and similar efforts all around our 
country, are leading the way toward a clean energy future--one that 
reduces our emissions, reduces our dependency on foreign oil, and 
provides economic opportunity and jobs to so many of our citizens.
  Unfortunately, EPA regulation of greenhouse gases does not move us 
any closer to a clean energy future or to reducing our dependency on 
foreign oil. Furthermore, it is simply the wrong tool for addressing 
greenhouse gas emissions.
  Congress, the elected representatives of the people of this Nation--
not unelected bureaucrats--should be making the complicated, 
multifaceted decisions on energy and climate policy. Furthermore, it is 
a widely shared view that the Clean Air Act, with its command-and-
control approach to regulating air emissions, is the wrong fit for 
addressing greenhouse gas emissions.
  One example of the way the EPA's approach to regulating carbon 
emissions does wrong is the way the proposed tailoring rule treats 
emissions from biomass energy. The tailoring rule equates carbon 
emissions from renewable energy with fossil fuel emissions. This is not 
consistent with years of internationally accepted policy, and it could 
penalize important industries and cost thousands of jobs, including 
some 10,000 direct and thousands of additional indirect jobs in our 
State of Arkansas.
  As chairman of the Committee on Agriculture, Nutrition, and Forestry, 
I am also concerned about the effects EPA's regulation of greenhouse 
gases will have on production agriculture and domestic food security.
  The hard-working farm families of this great Nation produce the 
safest, most abundant, affordable supply of food and fiber in the 
world, and they do it with greater respect to the environment than any 
other growers across the globe. For every one American mouth we feed, 
we feed 20 mouths globally, and it is critical we make sure we maintain 
the ability to do that.
  According to a recent University of Tennessee economic analysis, EPA 
regulation will result in billions of dollars in losses in net returns 
for agriculture from 2010 to 2015, with the largest declines occurring 
in crops grown in our State of Arkansas, such as soybeans, cotton, and 
rice. These figures are frightening for agriculture in our State, 
particularly during a time of recession.
  Furthermore, over 100 agricultural groups have expressed their 
concerns with EPA regulation of carbon and expressed their support of 
the Murkowski resolution. These groups include national associations 
for wheat, dairy, corn, cotton, rice, poultry, beef, pork, and eggs. 
These groups also include many specialty crop growers as well.
  I also want to speak for a moment about what this resolution does not 
do. Some think this resolution weakens the Clean Air Act. It would not 
amend or otherwise affect the plain language of the Clean Air Act. It 
would not change or in any other way alter the words within the 
existing statute.
  My colleagues and I are concerned about what will follow EPA's 
decision to release the endangerment finding--a unilaterally imposed 
all-sticks-no-carrot policy that actually discourages renewable energy 
use and penalizes those industries that have acted early to adopt clean 
energy technologies.
  That is not the direction in which we want to go. We know, 
desperately, that we want to lower our carbon emissions, lessen our 
dependence on foreign oil, and create good, green jobs. This attempt, 
overreach, and this action by unelected bureaucrats at EPA is not going 
to help us achieve those goals.
  Lastly, let me address a criticism heard in recent days: that a vote 
for the Murkowski resolution is a bailout or somehow a boon for big oil 
in the wake of the tragic oilspill in the Gulf of Mexico. Nothing could 
be further from the truth.

[[Page 10394]]

  These critics would like the public to believe that opposing EPA 
regulation of greenhouse gas emissions is somehow related to the 
oilspill. Nothing could be further from the truth. We all know the 
British Petroleum spill in the Gulf of Mexico needs to be addressed 
through legislation that ensures the safety, effectiveness, and 
sustainability of oil and other resource extractions--as we will very 
soon. We are all concerned about what has happened in the gulf.
  I certainly know, as a neighbor to the north of Louisiana, and one 
whose economic livelihood depends on the Port of New Orleans--not to 
mention the wonderful natural resources that we partner with the State 
of Louisiana in trying to preserve--this is a horrific circumstance 
that exists there, and we are all going to do everything we can not 
only to provide the cleanup but to ensure this kind of catastrophe 
never happens again.
  But this issue is separate from the EPA regulation of greenhouse 
gases. I do not know, in my recent election if people had listened to 
what was on the TV, they would have thought I single-handedly was 
responsible for what happened in the Gulf of Mexico. This is not where 
we solve that problem. We have much to do there and we should do it and 
I am all about getting about that business.
  What would EPA regulations affect? I think that is the question we 
have before us. In Arkansas, it would affect manufacturers and their 
employees.
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Mrs. LINCOLN. Madam President, I ask unanimous consent for an 
additional 30 seconds.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. LINCOLN. In Arkansas, it would affect manufacturers and their 
employees: facilities such as Great Lakes Chemicals in El Dorado, Green 
Bay Packing in Morrilton, Nucor Steel in Blytheville, Georgia Pacific 
in Crossett, FutureFuel Chemical Company in Batesville, and Riceland 
Foods in Stuttgart.
  These Arkansas facilities, employing several thousand people, 
supporting families with good-paying jobs, would be threatened by EPA 
regulation of greenhouse gases. That is why I encourage my Senate 
colleagues, with similar consequences facing their States, to vote for 
this resolution.
  Madam President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Oklahoma.
  Mr. INHOFE. Madam President, it is my understanding I have 13 
minutes. I would like to have the Acting President pro tempore tell me 
when I have 1 minute left.
  The ACTING PRESIDENT pro tempore. Of course.
  Mr. INHOFE. That is kind of interesting because I have probably 
talked on this subject over the last 7 years for 200 or 300 hours, and 
I never had any trouble before getting time. It lets you know there is 
an awakening in the people who are looking at this particular vote that 
we are going to have today. Many of them believe in their hearts that 
anthropogenic gases cause global warming. I do not believe that. And 
there is everyone in between. The point is not that. It is, do we 
really want to have this bureaucracy?
  Let me just comment. I was here when my good friend, Senator Boxer, 
was making her comments. That was very interesting because she spent 
three-fourths of her time talking about the oilspill. Let me say, there 
is no relationship between this and the oilspill. There is no reason to 
talk about them in the same speech.
  When they talk about big oil--as she said, ``big oil has all this 
control''--well, big oil is BP. The last I checked, BP is very much 
involved with the majority, with the White House. In fact, I went and 
checked. I found out in my last Senate race, I was given $2,000 by BP. 
And I checked, in the last Senate race, which was the first Senate race 
by then-Senator Obama, he got three times as much money as I did. Now 
we find out that during the Kerry-Lieberman bill that has been talked 
about quite a bit, BP has been behind closed doors with them. Everybody 
knows this.
  Now, it is not big oil behind this bill. Behind this bill you have 
the American Association of Housing Services for the Aging, Family 
Dairies USA, the Farm Bureau, the National Federation of Independent 
Business, the Brick Industry Association--all of these organizations, 
wholesome American organizations that are behind this issue because 
they do not want us to give up all the freedoms we would have to give 
up.
  When Senator Lincoln was talking about the tailoring rule, I know 
there has been a problem with those who are pushing for the 
endangerment finding, trying to make everybody believe that somehow it 
was not going to happen to anyone except some of the big industries, 
the refiners, the big manufacturers. No, the tailoring rule they are 
talking about is something that unilaterally they thought they would be 
able to get by with without anyone even noticing it, when, in fact, the 
Clean Air Act very simply says the emission of 250 tons in a period of 
a year.
  Now, 250 tons, that is every farm in my State of Oklahoma. That is 
every church. So it covers everyone. But let me go back in this brief 
period of time and try to put this in perspective. Eleven years ago we 
had the Kyoto Treaty. This is the big treaty then-Vice President Gore 
wanted the American people to have to ratify. They wanted to bring it 
to the Senate for ratification. They did sign that treaty, but it never 
came up for ratification.
  Do you want to know why? It did not come up because at that time it 
was so objectionable that we had a resolution that passed on the floor 
of this Senate 95 to 0--not one dissenting vote--saying: We do not want 
to be part of any movement or bill or treaty that treats developing 
nations differently than developed nations. That is exactly what it 
did. That resolution also said we do not want to ratify any treaty or 
pass anything that is going to be an economic hardship for the United 
States of America. Obviously, this was the case.
  So we set the stage 11 years ago. Now we are facing this same thing 
again. I have to say that when Republicans were a majority, I chaired 
the Environment and Public Works Committee, which had the jurisdiction 
over most of this stuff we are talking about today. I have to also say, 
back then I honestly, in my heart, believed the anthropogenic gases, 
the CO2, the methane, caused global warming because everyone 
said it did--catastrophic global warming. Now they do not call it that 
anymore since we are in the eighth year of a cooling period. They say 
``climate change.'' That sounds a little bit more palatable.
  But I can remember when I did believe that, until we started looking 
at the various bills that came up. We have voted in this Chamber five 
times on cap-and-trade bills, starting right about 2002 and up to the 
present day, and there is one pending today. During that period of 
time, we started looking at it and realizing what it would cost. The 
first analysis of what cap and trade would cost--and the same thing 
goes for the EPA under their regulations--would have been somewhere 
between $300 billion and $400 billion.
  When we calculate that, in my State of Oklahoma--I always do the 
math--if we take the number of families who file tax returns, that 
would have been $3,100--not once but every year. So with that type of 
thing, looking at it, I thought: Well, as chairman of this committee, 
maybe we ought to look and be sure the science is accurate, the science 
is there. So we started looking at it and finding out this whole thing 
started--let's keep in mind, it started with the United Nations, the 
IPCC. That is the Intergovernmental Panel on Climate Change. They then 
were joined by all these Hollywood elites--moveon.org, George Soros, 
Michael Moore, and all these groups--until we realized they were 
pushing this, but the science was flawed.
  I first made my statement on the Senate floor in 2002 that created 
some doubt in a lot of people's minds as to the accuracy of the science 
that the IPCC was putting together. There had been inquiries by many 
quality scientists who had said they rejected our input. We don't have 
any kind of an input in this issue, unless you agree

[[Page 10395]]

with the United Nations and the IPCC, that categorically it is causing 
catastrophic global warming. Then they didn't let the scientists have 
their input.
  So we started gathering all of this information. People were coming 
to me saying: This is a fraud. I gathered enough material that 7 years 
ago this month, I made a speech and I said the notion that 
anthropogenic gases, that CO2 causes catastrophic global 
warming is the greatest hoax ever perpetrated on the American people. 
Then the scientists started coming in with their stuff. I would suggest 
that a lot of people don't agree with what I just said, so they ought 
to look at my Web site.
  Five years ago I made a speech and I talked about all the scientists 
who were coming forward. As it turned out, when climategate came, 
essentially it was the same thing I said 5 years ago. The scare tactics 
we hear from Senator Boxer that this is all about the gulf, the 
oilspill, and all of that stuff, this is what they have been using. If 
we take Al Gore's science fiction movie and the IPCC and look at all of 
the assertions they made in this movie and the IPCC has made, every one 
has been refuted.
  I can't find one assertion that has now not been refuted: melt 
Himalayan glaciers by 2035, not true; endanger 40 percent of the Amazon 
rain forests, not true; melt mountain ice in the Alps, Andes, and 
Africa, not true; deplete water resources for 4.5 billion people by 
2085, totally refuted; slash crop production by 50 percent in North 
Africa by 2020; 55 percent of the Netherlands lies below sea level.
  I can remember when Vice President Gore--no, it was after he was Vice 
President--we had a hearing in our committee, and we had several of the 
parents of young kids coming to us and saying: You know, my young 
child, my elementary age child is forced to watch this movie once a 
month, and they have been having nightmares and all of this stuff. So a 
lot of damage was done at that time.
  But when we get back to what we are faced with today, we are faced 
with something they tried to pass. This administration has tried ever 
since they came in to pass cap-and-trade. A cap-and-trade, logically, 
you would say: Well, if you want to cut down on greenhouse gases, why 
not put a tax on CO2?
  The reason they don't do that is because then people would know what 
it is costing them. So there were all of these cap-and-trade bills that 
came up, and they were not able to pass them. So this administration 
said, I am sure--I wasn't in the meeting; I am not invited to those 
meetings of the President--but they said: We can't get it passed in 
Congress. We can't get it passed in the House or the Senate, so let's 
go ahead and do it. We will just run over them with the administration. 
So they said: We are going to have an endangerment finding.
  This is kind of interesting because right before going to 
Copenhagen--and for those of you who don't know this, once a year the 
U.N. throws a great big party and everybody goes to some exotic place 
and they try to sell the idea that we need to have this international 
treaty and, of course, it hasn't happened. Before Copenhagen--that was 
in December of this past year I can remember that we had--I suspected 
they would have an endangerment finding right while we were in 
Copenhagen to make it sound as though we were going to do something in 
the United States. In fact, I went over as a one-man truth squad and 
had a pretty good time.
  Anyway, on the endangerment finding, Lisa Jackson, who is the 
Administrator of the EPA, an appointee of Obama, testified. I said to 
her: You know, Madam Administrator, this is live on TV. I suspect what 
is going to happen is that you are going to have an endangerment 
finding and try to take this over and do all of these punitive things 
to America under the Clean Air Act. If there is an endangerment 
finding, it has to be based on science. What science would you use if 
you are going to have an endangerment finding?
  The answer was, It is going to be the IPCC, primarily, and that is 
the very science that climategate used when it came along, and it has 
been pretty much debunked. In fact, it was characterized in Great 
Britain as the greatest political scandal in the history of our 
country.
  So, anyway, the endangerment finding was all based on that, and that 
is where we find ourselves today. So I would say this: I only talk 
about the science. I don't like to talk about the science because I 
know people don't understand it. But I did it because if you are one of 
those--and I say this to the Chair; I say this to anyone who might be 
listening at this time--if you believe that anthropogenic gas causes 
catastrophic global warming and climate change, then what would this do 
to remedy that? Well, the answer is nothing because the same Lisa 
Jackson who testified before our committee when I asked her this 
question--
  The ACTING PRESIDENT pro tempore. The Senator has 1 minute remaining.
  Mr. INHOFE. Thank you, Madam President.
  I said: If we were to pass this, any of these cap-and-trade bills, or 
if we were to do this through the Clean Air Act through the 
Environmental Protection Agency, how much would that reduce the 
worldwide CO2 emissions?
  Her answer was, Well, it wouldn't reduce it because this would only 
apply to the United States.
  What I am saying is, if you want to invoke all of this money spent, 
all of this cost on the American people, on every farmer in America, 
even if you believe the concept is there, it still wouldn't reduce the 
emissions. You could argue it could increase the emissions because our 
manufacturing base would have to go to places such as China, India, 
Mexico, places that didn't have the standards we have, and it would 
have the effect of increasing--actually increasing--CO2.
  So I just hope those individuals will realize if they think the 
problem is real, this isn't going to solve it.
  I yield back.
  The ACTING PRESIDENT pro tempore. The Senator from Ohio.
  Mr. VOINOVICH. Madam President, I rise to speak in support of the 
bipartisan resolution to disapprove EPA's endangerment finding, S.J. 
Res. 26.
  First of all, I am not here as a climate skeptic. I believe we should 
reduce emissions, but the steps we take must balance our Nation's 
energy and economic needs.
  Climate change is a global environmental issue that cannot be solved 
by America acting alone. EPA's own data shows us that unless the 
rapidly expanding economies of China and India reduce emissions, U.S. 
action will have no impact on global temperatures.
  It is widely acknowledged that regulations that flow from EPA's 
endangerment finding will jeopardize job creation, our economic 
recovery, and American competitiveness. That has been made very clear 
by those who have spoken before me. This was openly acknowledged by the 
Obama administration last year when the White House Office of 
Management and Budget cautioned:

       Making the decision to regulate CO2 under the 
     [Clean Air Act] for the first time is likely to have serious 
     economic consequences for regulated entities throughout the 
     U.S. economy, including small businesses and small 
     communities.

  This is far from incidental. The endangerment finding is the 
centerpiece of a coercive strategy designed to force Congress into 
passing cap-and-trade legislation. This was confirmed by a senior White 
House economic official late last year who was quoted as saying:

       If you don't pass this legislation, then . . . [EPA] is 
     going to have to regulate in a command-and-control way, which 
     will probably generate even more uncertainty.

  Time magazine likened this approach to ``putting a gun to Congress' 
head.''
  But this is a false dichotomy. Senators have before them a number of 
policy options to address climate change, including the power to remove 
the threat of EPA regulation. That the Senate has not yet embraced a 
bill speaks more to the flaws contained in those policies than to this 
body's willingness to act. In fact, economic analysis of every major 
piece of climate change legislation shows they would result in net job 
losses and retard economic growth with little or no impact

[[Page 10396]]

on global temperatures. Why would the Senate choose to enact 
economically damaging legislation in order to stave off economically 
damaging regulations? This Senator certainly will not.
  In their efforts to gain leverage over the legislative branch, 
administrative officials claim the resolution to disapprove EPA's 
endangerment findings would prevent fuel efficiency in vehicles through 
new EPA regulations. More recently, claims have been made that the 
resolution is a way to protect big oil in the wake of the gulf 
disaster. These claims are disingenuous on their face.
  First, EPA's endangerment finding does nothing to clean up the Gulf 
of Mexico or prevent future spills. To suggest otherwise is an 
opportunistic bait and switch and an insult to the people of the gulf, 
the intelligence of the American people, and the Senate.
  Second, EPA's endangerment finding has nothing to do with fuel 
savings. The National Highway Traffic Safety Administration has had 
authority to increase corporate average fuel economy--CAFE--standards 
for over 30 years. Indeed, NHTSA was required by law to raise light-
duty vehicle standards to at least 35 miles per gallon when Congress 
passed the Energy Independence and Security Act in 2007.
  In a February 19 letter, NHTSA's general counsel stated:

       The Murkowski resolution does not directly impact NHTSA's 
     statutory authority to set fuel economy standards.

  Indeed, in its own rule, EPA confirms that ``the CAFE standards 
address most, but not all, of the real world CO2 emissions'' 
from automobiles.
  In reality, EPA's rules are the ``camel's nose'' under the regulatory 
tent.
  In spite of the Supreme Court's ruling in Massachusetts v. EPA, only 
the most tortured--tortured--reading of the act allows one to conclude 
that the Clean Air Act was intended to address global climate change. 
The act contains no express authorization to regulate, and there are no 
provisions recognizing the international dimension of the issue. I know 
this for a fact. I have been on the Environment and Public Works 
Committee for almost 12 years, and during those 12 years attempts have 
been made every 2 years to amend the Clean Air Act to include 
CO2. In every instance, it has been turned down.
  As a matter of fact, this issue has been dealt with over and over by 
the Senate. In fact, starting back in 1997, the Senate spoke directly 
to this issue where, by a vote of 95 to 0, it passed the Byrd-Hagel 
resolution. The resolution specifically stated that the United States 
should not commit itself to limits or reduce greenhouse gas emissions 
unless developing countries embrace specific commitments to reduce 
greenhouse gases. The overarching concern was the serious harm that 
would be inflicted on the U.S. economy by unilateral action.
  In other words, for us to go ahead and let the EPA regulate this and 
do it on our own, in effect what we are doing is we are unilaterally 
disarming the U.S. economy for absolutely no environmental gain.
  Copenhagen showed us that the developing world will continue to 
resist binding reduction targets, and while China continues to build 
two coal-powered plants a week--in other words, while China puts up two 
coal-fired plants a week, the Sierra Club and other environmental 
groups in this country are shutting down any opportunity for us to use 
coal in terms of generating energy.
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Mr. VOINOVICH. I ask unanimous consent to speak for 1 more minute.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. VOINOVICH. Despite the fragile state of the economy and the 
futility of the effort in environmental terms, this administration 
presses forward.
  In the final analysis, the Clean Air Act does not recognize the 
international nature of climate change and is not suited to regulate 
greenhouse gas emissions. The administration's attempt to use it to 
force Congress to adopt economically damaging climate policy is a 
reckless stunt, especially when one considers the very real challenges 
America faces today.
  I am hoping that the Senate supports S.J. Res. 26, removes the gun 
from its head and gets on with the business of debating a sound energy 
policy. I suggest that the best way we can start to do this is by 
looking at the bipartisan bill--the Bingaman bill--which came out of 
the Energy Committee. That is where we should start if we want to be 
constructive in dealing with greenhouse gas emissions.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from California.
  Mrs. BOXER. How much time remains on the Republican side?
  The ACTING PRESIDENT pro tempore. Five minutes.
  Mrs. BOXER. I thank the Chair.
  The ACTING PRESIDENT pro tempore. The Senator from South Carolina is 
recognized.
  Mr. GRAHAM. Madam President, I appreciate what Senator Murkowski is 
trying to do. Maybe this is a balance-of-power issue. The court ruled, 
I think in 2007, that greenhouse gases could be regulated under the 
Clean Air Act. Senator Voinovich is right. Congress has never made that 
decision. There have been efforts in the past to get carbon pollution 
regulation by the Clean Air Act, but it was never passed legislatively. 
The courts have spoken.
  The tool being used today is a legislative tool available to the 
Congress to basically put regulatory powers in check, and what we are 
doing by passing this amendment is basically stopping the EPA from 
regulating carbon. And here is the real rub: If we stop them, are we 
going to do anything?
  My view is that we need to do several things to replace the EPA. The 
EPA regulation of carbon cannot provide transition assistance to 
businesses. They don't have the flexibility or the tools necessary to 
create rational energy policy. That would create an economic burden at 
a time we need to create economic opportunity. So I think the 
regulatory system of dealing with carbon pollution is the wrong way to 
go, but to do nothing would be equally bad. To do nothing means China 
is going to develop the green energy technology that is coming in the 
21st century.
  What I propose is that the Congress, once we stop the EPA, create a 
rational way forward on energy policy that includes clean air and 
regulation of carbon.
  No. 1, the trust fund that is used to build roads and bridges is 
tremendously underfunded. Senator Inhofe and others have challenged the 
Congress time and time again to do something about shortfalls in the 
highway trust fund.
  To the transportation community, if you are listening out there, you 
have a chance, as a broader package, to be part of a broader deal to 
get money for the highway trust fund. But you will never do it standing 
alone. We are not going to raise taxes to put money in the 
transportation trust fund and that is all we do.
  I think the transportation sector needs to be looked at anew. How can 
we lower emissions on the transportation side, reduce our dependency on 
foreign oil, and replenish the trust fund? I would argue that Congress 
could come up with policies that would dramatically reduce 
CO2 emissions coming from cars and trucks without a cap on 
carbon; that we could have incentives on the transportation side to 
develop alternative vehicles--battery-powered cars, hydrogen-powered 
cars, hybrid cars in different fashions that would break our dependency 
on foreign oil.
  If you take this debate and separate it from our dependency on 
foreign oil, you have made a huge mistake. Madam President, $439 
billion was sent overseas by the United States last year to buy oil 
from countries that don't like us very much. When you talk about 
controlling carbon, you ought to be talking about energy independence.
  I suggest that Congress look at the transportation sector with a 
comprehensive approach that will reduce our dependency on foreign oil, 
that will create vehicles that are more energy efficient and produce 
less carbon to clean up the air, and you can do all

[[Page 10397]]

that without a cap and put money into the trust fund to rebuild bridges 
and roads that are falling apart as America grows. These are jobs that 
will never go to China. We need to have a vision on transportation that 
needs to be part of our broader vision.
  When it comes to breaking our dependency on foreign oil, we need to 
use less oil in general. The President is right. A low-carbon economy 
is a safer America, a cleaner environment and I think a more prosperous 
America. But we have natural fossil fuel assets in this country. We 
have oil and gas.
  The gulf oilspill is a tremendously catastrophic environmental 
disaster, but if we overreact and say we are going to stop exploring 
for domestic oil and gas--9 million barrels a day comes from domestic 
exploration, and we use 21 million barrels a day--the people in the 
Mideast would cheer that policy. The biggest winner in stopping 
domestic exploration for oil and gas would be OPEC nations. So it is 
not in our national security interest, not in our economic interest to 
make a rash decision on oil and gas exploration.
  I encourage the Congress to slow down, find ways to safely explore 
for oil and gas, and make it part of an overall energy vision that will 
allow us to break our dependency on foreign oil.
  When it comes to job creation, wind, solar, battery, and nuclear 
power--all of the energy efficiency green technology that will come in 
this century is going to come from China if we don't get our act 
together. We need a rational energy policy that would incentivize 
alternative energy to be developed in America before the world takes 
over this emerging market. That means incentives for wind, solar, and, 
yes, nuclear power. Twenty percent of our power comes from the nuclear 
industry, and 82 percent of the French economy's power comes from the 
nuclear industry. Surely we can be as bold as the French. If you had a 
renaissance of nuclear power in this country, you could create millions 
of jobs. We could come up with ways to treat the waste.
  President Obama has been very good on nuclear power. His 
administration, with Secretary Chu, has been excellent in trying to 
develop incentives to expand nuclear power in a safe fashion.
  Carbon is bad. Let's do something about it in a commonsense way. You 
don't have to believe in global warming to want clean air. This idea 
about what to do with carbon--you don't have to believe the planet is 
going to melt tomorrow, but this idea that what comes out of cars and 
trucks and coal-fired plants is good for us makes no sense to me. If we 
can clean up the air in America, we would be doing the next generation 
and the world a great service. The key is, can you clean up the air and 
make it good business? I believe you can. Let's pursue both things: 
good business and clean air.
  Mrs. BOXER. Madam President, I ask unanimous consent that whatever 
extra time was given to the other side be added to our time.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mrs. BOXER. Madam President, at this point, we are going to hear 
arguments against the Murkowski resolution from Senator Durbin for 6 
minutes, followed by Senator Reed of Rhode Island for 5 minutes.
  The ACTING PRESIDENT pro tempore. The Senator from Illinois.
  Mr. DURBIN. Madam President, the Murkowski resolution gives the 
Senate a choice between real science and political science. That is 
what it comes down to.
  The EPA went to the scientists across America and asked them the 
basic question: Do greenhouse gas emissions endanger life and the 
planet on which we live? After months and thousands of comments and 
380,000 scientific comments, they concluded that it does. They said 
that we have a responsibility under the Clean Air Act to protect the 
people in the United States and the people on Earth. We are going to 
move forward with a gradual, systematic way of reducing greenhouse gas 
emissions because we know they are causing damage.
  Twenty-one years ago, I went to Alaska, to Prince William Sound, 
after the Exxon Valdez ran aground. I saw the thousands of barrels of 
black, sludgy oil covering that pristine and beautiful part of America 
in Alaska.
  I have spoken to the Senator who is the sponsor of this resolution. 
Twenty-one years later, we still know that ecology, that environment 
has not recovered from that spill. But that was very obvious. You could 
see it. It was filthy. There are changes in the environment that are 
hurting Alaska today that are hard to see.
  We know greenhouse gas emissions and air pollution are changing 
Alaska, with the loss of sea ice; the melting permafrost; coastal 
erosion in villages, such as Shismaref, that have been falling into the 
ocean; ocean acidification. The Arctic icecap, which is a key 
ecological component of Alaska's ecology, has a record-low amount of 
Arctic sea ice.
  Are we to ignore this? You will ignore it if you vote yes for the 
Murkowski resolution. You will choose political science over the real 
science that tells us that unless we come to grips with the air 
pollution that threatens us, it will not only endanger our lungs and 
our lives, it will endanger the planet on which we live.
  In 1970, we created the EPA, under President Richard Nixon. In those 
days, 40 years ago, the environmental issues were bipartisan issues. 
People came together and said: We can address the challenges facing us 
in the United States and around the world on a bipartisan basis.
  Well, bipartisanship is still alive when it comes to important 
environmental issues. There is bipartisan opposition to the Murkowski 
resolution. It turns out those who headed the EPA under Presidents 
Nixon, Ford, and Reagan all oppose the Murkowski resolution. They 
believe, as scientists do, that we have a once-in-a-lifetime 
opportunity to seize this moment and find a way to save this planet we 
live on and make it healthier for all of us and for our children.
  We have had great success with the Clean Air Act. We have reduced 
pollution. We are moving forward. But the Murkowski resolution says 
stop--stop taking those actions that have been proposed by the EPA to 
reduce pollution; ignore the scientific findings and accept the 
political science.
  What do I mean by that? There are political forces strongly in 
support of the Murkowski resolution. Big oil is one of them. Energy 
companies agree we should stop this EPA regulation. Of course, they 
have a vested interest. They have money on the table. How credible is 
big oil today on the floor of the Senate when we have witnessed the 
disaster in the Gulf of Mexico? Are we going to criticize them in the 
morning in speeches and then reward them by passing this resolution in 
the afternoon? I hope not.
  I hope we will take an honest look at the environment we live in and 
understand that to give away basic scientific findings, walk away from 
them, and embrace political science is something we will never be able 
to explain to future generations.
  The United States should join in leading the world to clean up the 
planet on which we live. Passage of the Murkowski resolution is a step 
backward. It will say to the world that the United States is in 
complete denial; that the Senate is rejecting the findings of 
scientists all across the world; and that we don't need to address 
climate change and the impact of air pollution on our lives.
  This is a singular historic moment. I sincerely hope my colleagues on 
both sides of the aisle--and I hope it is bipartisan again--will join 
in standing up for science, for clean air, for an approach to the 
environment that says our kids will have a fighting chance to live on a 
planet that can sustain life and do it in a healthy way.
  I reserve the remainder of my time on this side and yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Rhode Island.
  Mr. REED. Today, in the midst of the biggest oil spill in our 
Nation's history, we are debating a joint resolution, supported by the 
oil industry, among others, that effectively says that the Senate, with 
its extensive expertise, believes the Environmental Protection

[[Page 10398]]

Agency was wrong to conclude that greenhouse gases are pollutants 
despite the preponderance of the evidence, scientific evidence, that 
shows this to be an accurate and correct assessment. The Senate can 
pass a resolution saying practically anything, but it does not change 
reality. The fact is, the best science tells us that climate change is 
real and that greenhouse gas emissions contribute significantly to it.
  It is also true that our continuing reliance on fossil fuel 
undermines not only our environmental quality but our national and 
economic security. We have seen the environmental effects played out 
dramatically and catastrophically in the Gulf of Mexico with the BP 
disaster. But if we do nothing, we will continue to see our economy 
held hostage by our need for fossil fuels and the billions of dollars a 
year we send overseas to buy oil. We will see our national security 
imperiled by our over-reliance on these fossil fuels and our continuing 
inability to take effective, measured action based on science to 
control these greenhouse gases.
  This resolution is more than just our opinion; it would effectively 
and permanently block the EPA from taking concrete steps today to deal 
with this problem. For example, it would prevent the EPA from 
collaborating with the National Highway Traffic Safety Administration 
on new vehicle efficiency and emission standards. These are 
commonsense, doable achievements, and, in fact, we are seeing even the 
automobile industry support this. It is estimated that if the EPA and 
the highway traffic safety administration move forward, they could save 
consumers more than $3,000 in fuel costs over the lifetime of their 
vehicles. Think of that. If we were talking about a $3,000 tax rebate 
to Americans, everybody would be jumping up and down saying that is 
great.
  By improving the efficiency of automobiles and doing it in a 
thoughtful way, we can provide consumers, families, over the lifetime 
of a vehicle--several years--$3,000 in benefits rather than shipping 
that $3,000 overseas to buy petroleum. That is a pretty good deal. This 
resolution would effectively prevent that.
  The proponents of the resolution say: Congress has to act on this. 
That is true, but I would be more encouraged with that line of argument 
if it were matched by effective action to deal with the serious 
problems that face this country today. Indeed, we have spent months and 
weeks laboring over the extension of unemployment benefits. Every 
significant bill that has come to this floor has been filibustered time 
and time again. To suggest disingenuously that we will pass this 
resolution and get on to a climate change bill, pass it within several 
weeks or months is, I think, not borne out by the evidence of what we 
have seen in this Chamber over the last several months.
  We have to move forward. As I said, this is not only an economic 
issue. It is a national security issue. The Quadrennial Defense Review 
in February 2010 noted--this is the review that is done periodically to 
assess the strategic position of the United States:

       Assessments conducted by the intelligence community 
     indicate climate change could have significant geopolitical 
     impacts around the world, contributing to poverty, 
     environmental degradation, and the further weakening of 
     fragile governments. Climate change will contribute to food 
     and water scarcity, will increase the spread of disease, and 
     may spur or exacerbate mass migration.

  In effect, what this review suggested is that it is very likely 
climate change will be an accelerant of instability. At this moment in 
time, the last thing we need is to accelerate instability in the world.
  One of the challenges we face is that this is not the Cold War where 
we are facing a monolithic Soviet Union and its allies in a strategic 
conflict that can be managed through deterrence. This is a situation 
where our greatest danger today is in unstable parts of the world, and 
that instability is going to be accelerated if we do not take steps. 
This is not just an issue of the economy, environmental rules, whether 
Congress should act or the agencies act. This is whether we are going 
to deal with the forces that are causing turmoil and instability in the 
world.
  For these reasons and many others, I urge rejection of this 
resolution.
  I reserve the remainder of our time, and I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  The Senator from New York.
  Mr. SCHUMER. Madam President, my esteemed colleague from New York, I 
first thank our Chair, the Senator from California, who does a great 
job on all of these issues. I thank the Senator from Rhode Island for 
his, as usual, excellent and prescient words.
  I join my colleagues in strong opposition to S.J. Res. 26. This is a 
joint resolution disapproving of the rules submitted by EPA which finds 
that greenhouse gases threaten the public health and our environment. 
This resolution, if enacted, would turn back the clock on years of 
scientific research that tells us greenhouse gases are damaging to our 
environment and our public health.
  This resolution could not be coming at a more meaningful moment in 
our Nation's history. As we speak, thousands and thousands of barrels 
of oil continue to pour into the gulf, disrupting lives, posing 
enormous risk to our shorelines, and costing our economy billions of 
dollars. Now is certainly not the time to tie the Federal Government's 
hands when it comes to weaning our Nation off unclean fuels. Now would 
be the last time to allow business as usual for the oil companies who 
always, as the BP incident shows, prioritize profits over clean energy 
production and safety and pollution reduction.
  The most enthusiastic supporters of this resolution we are debating 
today are BP, its fellow oil companies, and their lobbyists in 
Washington. Why should we let BP and their lobbyists take the driver's 
seat? Why should we allow them to tell us how to achieve energy 
independence, how to keep American people safe from greenhouse gases? 
They are certainly not good about telling us how to keep safe from 
oilspills.
  We are witnessing firsthand what happens when industry is allowed to 
do what is best for industry. There are 37 million reasons why we 
cannot let this resolution pass today: 37 million barrels today have 
bled into the gulf on the industry's watch.
  I urge my colleagues to put aside their ideological positions on 
government regulation and instead work together to rewrite energy 
policy in this country. We need to focus all of our efforts on a 
comprehensive solution to a complicated problem and pass legislation to 
jump-start clean energy, cap greenhouse gases, and improve our energy 
security. It is critical that we join together in a national commitment 
to reduce our dependence on fossil fuels.
  We have come too far to reverse the tide on investment in American 
technology to reduce pollution and to produce cleaner energy. And we 
still have miles to go.
  Even my colleagues who argue about the science of global warming 
agree that energy independence is also a national security issue. We 
send $1 billion a day overseas to buy foreign oil in large part from 
unstable and dangerous companies such as Iran, and unfriendly countries 
such as Venezuela. Our brave men and women fighting in Iraq and 
Afghanistan suffer significant casualties during the transportation of 
fuel and fuel-related supplies which are prime targets for our enemies.
  Because we have failed to break this dangerous cycle of dependence, 
we are more reliant on foreign oil today than in the days after 9/11. 
We certainly can do better. This resolution is a step back.
  We also all agree that America should have the cleanest air and the 
cleanest water of any place on Earth. We all know a cleaner America is 
a stronger America. Placing a cap on carbon emissions is the simplest 
way to achieve this collective goal while creating more U.S. jobs and 
reducing our dependence on foreign oil. And, it works.
  Two decades ago, President Bush implemented an air pollution cap as a 
way to address the problem of airborne sulfur dioxide, known as acid 
rain, greatly affecting my State. The Bush

[[Page 10399]]

plan worked. Today it is considered one of the most effective 
environmental initiatives in U.S. history. Lakes in upstate New York, 
in the Adirondacks and elsewhere, that once were dead are now coming 
alive.
  We are at a crossroads right now, and the decisions we make will have 
great impacts on our economy, our air quality, and our Nation's energy 
security. We can choose to deny the science and continue to pollute the 
air, fall behind in the energy race, and let big oil run roughshod over 
our economy and environment or we can say no.
  Or we can learn the lessons from our past, carefully weigh the facts 
and forge a new clean energy future to put America back on the road to 
prosperity.
  We need to put ideology aside and pass comprehensive energy reform 
this year. Majority Leader Reid has indicated that we will make an 
energy bill a top priority this summer. I look forward to working with 
my colleagues to do just that.
  Once again, I want to voice my opposition to S.J. Res. 26 and urge my 
colleagues to vote against this attempt to undermine America's nearly 
40-year effort to cut dangerous pollution, protect our air quality, and 
spur innovation.
  The ACTING PRESIDENT pro tempore. The Senator has consumed 5 minutes.
  Mr. SCHUMER. I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from California.
  Mrs. BOXER. Madam President, our speakers at this time will be 
Senator Shaheen for 5 minutes, Senator Sanders for 5 minutes, and 
Senator Cantwell for 5 minutes.
  The ACTING PRESIDENT pro tempore. The Senator from New Hampshire.
  Mrs. SHAHEEN. Madam President, I am pleased to be here to join my 
colleagues and Senator Boxer--and I thank her for her leadership in 
this effort--to keep from turning back the clock on our air quality. We 
desperately need to reform our country's energy policies.
  Our reliance on fossil fuels means polluting our air, it results in 
an enormous transfer of wealth to other countries--$1 billion a day--
and it compromises our national security. We are currently sending $150 
billion a year to countries that the State Department deems dangerous 
and unsafe.
  There are tremendous costs domestically associated with this reliance 
on fossil fuels. We saw it in 1989 with the Exxon Valdez spill in 
Prince William Sound, and we are seeing it now as the largest 
environmental disaster in our country's history plays out before our 
very eyes in the gulf--the loss of life and the tragedy to the 
environment. The way of life that so many people in the gulf have 
enjoyed for generations is unfortunately, we think, going to be gone. 
We pay a very heavy price for our dependence on fossil fuels. Now is 
the time to work together to get America running on clean energy.
  Reforming our Nation's energy policies will help us take control of 
our future in America, a future that will be built on clean energy and 
American power.
  To those who say we should not be reducing carbon pollution, I simply 
disagree. We have heard the same tired stories from big oil and big 
polluters again and again. They tell us reducing carbon pollution will 
kill jobs and wreck our economy. Time and time again, we have heard 
these same arguments, and we know they are not true.
  Since we passed the Clean Air Act in 1970, we have dramatically 
reduced emissions of dozens of pollutants, we have improved air 
quality, and we have improved public health. The EPA estimates that 
this year, the Clean Air Act prevented an estimated 20,000 deaths, more 
than 23,000 cases of chronic bronchitis and asthma, and 59,000 
hospitalizations.
  Yet during this same period, despite the current recession that has 
set us back, with the Clean Air Act, we have been able to grow our 
economy. Our gross domestic product has more than tripled, and average 
household income grew more than 45 percent.
  We know we can protect the public health, save our environment, and 
grow our economy.
  The resolution we are debating today will unravel the only ability we 
have right now to address carbon pollution. For those who say Congress 
should make a decision about how to address carbon, they are absolutely 
right. But instead of debating efforts to protect big polluters, we 
should be using this time to debate how to position our country to lead 
in the global clean energy economy.
  I have no doubt that the American people have the ingenuity and the 
competitive spirit to solve our energy challenges. What they need is 
some leadership from us in Washington. Now is the time to get America 
running on clean energy.
  I urge my colleagues to reject this resolution and for all of us to 
work together to craft energy policies that will help us transition to 
a clean energy economy that will stop carbon pollution and our reliance 
on fossil fuels.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Vermont.
  Mr. SANDERS. Madam President, I rise in strong opposition to the 
Murkowski resolution which, sadly, is sponsored by virtually the entire 
Republican caucus, which would overturn EPA's endangerment finding 
under the Clean Air Act that greenhouse gas emissions pose a threat to 
the public health and welfare.
  This resolution is not about whether EPA or Congress should regulate 
greenhouse gas emissions. What this resolution is about is whether we 
go forward in public policy based on science or based on politics. That 
is what this resolution is about.
  I have a very hard time understanding where all of this antiscience 
sentiment is coming from. If an American gets sick and goes to a 
doctor, she does not worry about whether that doctor is a Republican or 
a Democrat, whether the doctor is conservative or progressive. The 
concern is that the physician is well trained by a certified academic 
institution and has the scientific knowledge needed to treat the 
ailment. That is what Americans go to doctors for. It is not a 
political issue. It is a matter of science and biology, of the best 
medical treatment available.
  But somehow when we talk about global warming, we do not have to 
worry about the science, we do not have to worry about what the leading 
experts and scientific institutions all over the world are telling us. 
For whatever reason, this discussion about global warming is now 
political, not scientific.
  This is absurd. It should be no more political than the best cancer 
treatment available or how we deal with a broken leg. Let's look at the 
science. Let's look at the leading scientists all over the world.
  Scientists at the following world-renowned American institutions have 
all found that human-caused greenhouse gas emissions are causing global 
warming. Here they are: NASA, National Science Foundation, Departments 
of Defense, Agriculture, Energy, Interior, Transportation, Health and 
Human Services, State, Commerce, the Smithsonian Institute, the 
National Academies of Science, the American Meteorological Society, the 
American Association for the Advancement of Science. The CIA believes 
global warming presents one of the major security risks facing our 
country. If all of these scientific institutions are wrong, why do we 
continue funding them?
  But this is not an issue just for the American scientific community 
or governmental agencies. This is the consensus that exists in 
virtually every country in the world.
  It is ironic this resolution against the science of global warming 
comes from the Republican Senator from Alaska, a State clearly 
experiencing the impacts of global warming. The Alaska State government 
Web site says:

       Global warming is currently impacting Alaska and will 
     continue to impact it in a number of ways. These impacts 
     include melting polar ice, the retreat of glaciers, 
     increasing storm intensity, wildfires, coastal flooding, 
     droughts, crop failures, loss of habitat and threatened plant 
     and animal species.

  Three Alaskan villages have begun relocation plans, and the U.S. Army 
of Corps of Engineers says over 160 more

[[Page 10400]]

rural communities are threatened by erosion from global warming 
impacts. This is going on in Alaska.
  The evidence of global warming is overwhelming. NASA has reported 
that the previous decade was the warmest on record--90 percent of 
observed glaciers are shrinking. Glacier National Park had 150 glaciers 
in 1910 and now has just 30. Arctic sea ice is covering smaller areas 
every summer. Sea levels have risen as much as 9 inches in some areas, 
causing the island nation of Maldives to divert revenues to purchase a 
new homeland for its people. Harmful insects are migrating for higher 
altitudes and causing forest destruction, including 70,000 square miles 
of American and Canadian forests since 2000.
  So with all of this evidence, who is arguing against global warming? 
Who is saying it is not real? Well, the well-known climate expert Glen 
Beck has suggested climate scientists should commit suicide and 
compared Al Gore to Adolf Hitler. There you go. Rush Limbaugh, another 
scientist of outstanding repute, says global warming is ``bogus'' and 
is the work of ``pseudoscientists.''
  Well, from where are these rightwing media commentators getting their 
talking points? In many cases from precisely those corporations that 
want us to remain dependent on fossil fuel, that want us to continue 
importing hundreds of billions of dollars a year of foreign oil, that 
want to continue making record-breaking billions and billions of 
dollars in profit as they charge us $3 per gallon of gas.
  During the 1990s, big oil companies such as Exxon and BP funded an 
industry front group called the Global Climate Coalition.
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Mr. SANDERS. I ask unanimous consent for an additional 30 seconds.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. SANDERS. These oil companies used tobacco industry lobbyists and 
tactics to cast doubt on global warming science.
  What this is about is, if our Nation is to prosper, if we are to 
create the millions of jobs we desperately need, we have to have 
science-based public policy and not politically based. I would hope 
that we will reject, very strongly, the Murkowski resolution.
  The ACTING PRESIDENT pro tempore. The Senator from Washington.
  Ms. CANTWELL. Madam President, I thank Senator Boxer for her 
passionate leadership in defense of the Clean Air Act and the pollution 
protections this bedrock law provides every American. I appreciate her 
yielding me time to speak in opposition to the Resolution of 
Disapproval introduced by Senator Murkowski.
  Madam President, I don't think any of my colleagues would disagree 
that the Clean Air Act has been one of the most effective environmental 
laws ever passed in our Nation. It has literally saved the lives of 
thousands of children who would otherwise have suffered terribly from 
the effects of air pollution.
  The economic benefits of the Clean Air Act are immense, and it has 
been credited with turning around a dire acid rain problem that was 
threatening the natural heritage of all of New England. The critically 
important 1970 amendments to the Act were a bipartisan bill. Those 
improvements--really called the Muskie Act, in honor of the key role 
played by the former Senator from Maine, Ed Muskie--were, of course, 
signed into law by a Republican President, Richard Nixon.
  The next major revisions came 20 years later, in 1990, and those 
improvements cracked down on acid rain and lead in our gasoline supply.
  But today we are talking about a Resolution that would undermine the 
Clean Air Act, rather than strengthen it. We are actually debating 
whether to overturn the science-based determination that greenhouse 
gases pose a threat to the public health and welfare to the current and 
future generations of Americans.
  Madam President, the Supreme Court ruled in 2007 that greenhouse 
gases are pollutants and are covered by the Clean Air Act. 
Consequently, the court held that the Environmental Protection Agency 
must make a determination, based on the available science, about 
whether greenhouse gases pose a threat to the public. EPA engaged in a 
thorough public process, assessed the available scientific evidence, 
and ultimately determined that greenhouse gases do pose a threat to 
public health and welfare.
  The reason I recount all this history, Madam President, is to show 
that these findings are not the casual or capricious action of a small 
group of bureaucrats. Rather, they are the result of a long and 
transparent process prescribed by statute and the highest court in the 
land.
  In announcing her resolution last January, my colleague, Senator 
Murkowski, said:

       We should continue our work to pass meaningful energy and 
     climate legislation, but in the meantime, we cannot turn a 
     blind eye to the EPA's efforts to impose back-door climate 
     regulations.

  While I fully agree with my colleague on the first point--we do need 
to work together on meaningful energy and climate legislation--I have 
to say I disagree on the second point, about the back-door regulations. 
Though Congress may not have specifically anticipated greenhouse gas 
emissions when the Clean Air Act was originally passed, the same can be 
said of many pollutants. Indeed, when the 1970 law passed, only five 
pollutants were initially listed. Since then, dozens of additional 
pollutants have been listed and the air we breathe is better for it. 
This is not an example of an agency overreaching, it is the way the 
Clean Air Act was designed to work.
  The drafters of the Clean Air Act never claimed they could predict 
all of the pollutants that might someday fall under its jurisdiction. 
That is why they established a framework and a public process that 
could be used to regulate any pollutant that science--science--
ultimately identified as a threat to public health and welfare.
  Today, 40 years later, we have come to the point where thousands of 
scientists, working throughout the Federal Government and around the 
world over the course of decades, have identified a serious risk 
associated with the emissions of greenhouse gases. Given these 
scientific findings, the legal mandate from the United States Supreme 
Court, and the statutory requirements spelled out in the Clean Air Act, 
the EPA has a responsibility to act.
  For Congress now to undermine this process would be----
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Ms. CANTWELL. I ask unanimous consent for an additional 15 seconds.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Ms. CANTWELL. For Congress now to undermine that process would be to 
undermine the Clean Air Act itself and the sanctity of science-based 
policymaking. It would be a very bad precedent, and it would be a 
threat to our children and to the environment in which we want them to 
grow up.
  The ACTING PRESIDENT pro tempore. The Senator from Alaska.
  Ms. MURKOWSKI. Madam President, for this next 30 minutes, we will be 
allocating the block in a 20-minute segment that will be under the 
control of Senator Barrasso to engage in a colloquy with several of our 
Republican colleagues, and following that 20 minutes there will be 10 
minutes under the control of Senator Nelson of Nebraska.
  We have a lot of Members who wish to speak in support of this 
resolution, so we are trying to accommodate as many as possible. With 
that, I yield to my friend, the Senator from Wyoming.
  Mr. BARRASSO. Madam President, I thank my colleague for allowing me 
to conduct this colloquy with other colleagues who are here as part of 
the Senate Western Caucus. We are here to speak in favor of the 
Murkowski resolution in opposing what the Environmental Protection 
Agency is trying to do in terms of its efforts to regulate climate 
change because we know that is a job killer for all Americans.
  I see my colleague, Senator Hatch from Utah, and I understand he has 
some new information he would like to

[[Page 10401]]

share with the people of America and the Senate.
  Mr. HATCH. Madam President, I thank my colleague, and I appreciate 
being here with my two colleagues from Wyoming and also Idaho. Let me 
start by applauding Senator Murkowski for her strong leadership on this 
issue, and I stand squarely behind her effort.
  To summarize what has already been laid out, the EPA has released 
findings that, No. 1, human carbon emissions contribute in a 
significant way to global warming, and, No. 2, global warming, which 
has been going on for about 10,000 years now, is an endangerment to 
humans.
  The EPA's foundation for its proposal relies on the assumption that 
both of these findings are the truth.
  Madam President, I was sorely disappointed but not too surprised when 
I learned the EPA based its ``findings'' almost entirely on the work 
done by the United Nations Intergovernmental Panel on Climate Change--
or the IPCC. I have no problem with much of the science produced by the 
IPCC scientists, but I have a real problem with the way that science is 
summarized by the political leaders at the IPCC and by the conclusions 
drawn by those same political leaders in the IPCC's Summary for 
Policymakers, which is not a science document.
  It becomes immediately evident that the EPA relies heavily on these 
political summaries and conclusions rather than actual science produced 
by the IPCC because we now have abundant proof that a wide gulf exists 
between what the science indicates and what the political leaders of 
the IPCC pretend that it indicates.
  But I am not asking anyone to take my word for this. Instead, let's 
listen to what the IPCC scientists are saying about the conclusions 
that politicians at the IPCC have been selling to policymakers. Here is 
what Dr. John T. Everett has to say. He was an IPCC lead author and 
expert reviewer and a former National Oceanic and Atmospheric 
Administration senior manager. He says:

       It is time for a reality check. Warming is not a big deal 
     and is not a bad thing. The oceans and coastal zones have 
     been far warmer and colder than is projected in the present 
     scenarios of climate change.

  Well, there is one of the IPCC's top scientists saying that the 
warming we are experiencing is not an endangerment.
  Let's hear another scientist, Dr. Richard Tol. He was the author of 
three full U.N. IPCC working groups and the Director of the Center for 
Marine and Atmospheric Science. He says:

       There is no risk of damage [from global warming] that would 
     force us to act injudiciously.

  As an illustration, he explains:

       Warming temperatures will mean that in 2050 there will be 
     about 40,000 fewer deaths in Germany attributable to cold-
     related illnesses like the flu.

  What is that, Madam President? Here we have another top scientist at 
the IPCC telling us that warming will actually save lives, not endanger 
them?
  Dr. Oliver W. Frauenfeld, a contributing author to the U.N. IPCC 
Working Group 1 Fourth Assessment Report, sends those of us who are 
policymakers a serious warning. He says:

       Only after we identify these factors and determine how they 
     affect one another, can we begin to produce accurate models. 
     And only then should we rely on those models to shape policy.

  I hope my colleagues in the Senate are listening today because these 
U.N. IPCC scientists are speaking directly to us. I wonder at what cost 
to our economy and our competitiveness will we as policymakers continue 
to ignore the actual scientists at the IPCC? There is nowhere near a 
scientific consensus on either one of the EPA's ``findings'' that 
humans are causing warming or that warming is necessarily bad for the 
environment or for humankind.
  MIT climate scientist, Dr. Richard Lindzen, another IPCC lead author 
and expert reviewer, dispels the notion there is a scientific consensus 
in favor of drastic climate policy. He explains:

       One of the things the scientific community is pretty agreed 
     on is those things will have virtually no impact on climate 
     no matter what the models say. So the question is do you 
     spend trillions of dollars to have no impact? And that seems 
     like a nobrainer.

  Another top IPCC scientist and lead author was Dr. John Christy. He 
explained that the U.N. IPCC process had become corrupted by politics. 
He says:

       I was at the table with three Europeans, and we were having 
     lunch. And they were talking about their role as lead 
     authors. And they were talking about how they were trying to 
     make the report so dramatic that the United States would just 
     have to sign that Kyoto Protocol.

  The politicization at the U.N. was so egregious that Dr. Christopher 
W. Landsea, U.N. IPCC author and reviewer and expert scientist with 
NOAA's National Hurricane Center, pronounced:

       I personally cannot in good faith continue to contribute to 
     a process that I view as both being motivated by pre-
     conceived agendas and being scientifically unsound.

  Now, Madam President, there are many more U.N. and government 
scientists who have publicly expressed their professional opinions that 
the IPCC political projections are overblown and not supported by the 
science. I have put together a sampling of their quotations in a report 
called the ``UN Climate Scientists Speak Out on Global Warming.'' It is 
available for download on my Climate 101 link on my Web page. I ask 
unanimous consent to have printed in the Record two documents relating 
to climate change.
  The PRESIDING OFFICER (Mrs. Hagan). Without objection, it is so 
ordered.
  (See Exhibit 1.)
  Mr. HATCH. Madam President, I would like to address an issue that has 
been very carefully ignored by the EPA; that is, the--get this word--
``benefit'' Americans can expect from the EPA's actions.
  As Senators, not many of us are scientists, but each of us is a 
policymaker. As policymakers, we are expected to fully analyze the 
costs and benefits of any proposal that comes before us.
  The endangerment the EPA points to is the warming we are supposedly 
causing. If warming is the endangerment, then the benefit is the amount 
of warming the regulations would avoid. Thanks to the IPCC, we have all 
the numbers and assumptions we need to be able to determine just how 
much warming we could avoid for the amount of carbon emissions the EPA 
can stop.
  Let's go on the assumption that the EPA will successfully reduce 
human CO2 emissions in this country by 83 percent over the 
next century. According to the alarmist and some would say overblown 
assumptions at the U.N. IPCC, Americans can expect a cooling benefit of 
somewhere between 0.07 and 0.2 degrees Celsius after a full 100 years 
of effort. That is right, we are being asked to give up trillions of 
dollars in economic activity, send all manufacturing activity overseas, 
give up millions of jobs, and put basic human activities under the 
control of the EPA, all for a benefit that cannot be measured on a 
household thermometer after 100 years of sacrifice and pain.
  The EPA tells us our human carbon emissions are leading to a general 
catastrophe, but then we find out that if we do what they say, it will 
make no real difference. So I ask the EPA Administrator this question: 
Have you done a real risk-benefit analysis of these proposed carbon 
emission regulations? I don't want to hear all the scary scenarios 
about general global warming; I want to know the actual risk associated 
with an 0.07 to 0.2 degree decrease in temperature over 100 years 
because that is what we are talking about here. That is the analysis I 
want to see because when you stack up the astounding costs on the scale 
against such a tiny benefit, you have the most lopsided and obvious 
failure of a cost-benefit analysis I have ever seen.
  I notice my other two colleagues are here. I have gone on a little 
longer than I wanted to.

[[Page 10402]]



                               Exhibit 1

             [From National Geographic News, July 31, 2009]

             Sahara Desert Greening Due to Climate Change?

                            (By James Owen)

       Desertification, drought, and despair--that's what global 
     warming has in store for much of Africa. Or so we hear.
       Emerging evidence is painting a very different scenario, 
     one in which rising temperatures could benefit millions of 
     Africans in the driest parts of the continent.
       Scientists are now seeing signals that the Sahara desert 
     and surrounding regions are greening due to increasing 
     rainfall.
       If sustained, these rains could revitalize drought-ravaged 
     regions, reclaiming them for farming communities.
       This desert-shrinking trend is supported by climate models, 
     which predict a return to conditions that turned the Sahara 
     into a lush savanna some 12,000 years ago.


                              green shoots

       The green shoots of recovery are showing up on satellite 
     images of regions including the Sahel, a semi-desert zone 
     bordering the Sahara to the south that stretches some 2,400 
     miles (3,860 kilometers).
       Images taken between 1982 and 2002 revealed extensive 
     regreening throughout the Sahel, according to a new study in 
     the journal Biogeosciences.
       The study suggests huge increases in vegetation in areas 
     including central Chad and western Sudan.
       The transition may be occurring because hotter air has more 
     capacity to hold moisture, which in turn creates more rain, 
     said Martin Claussen of the Max Planck Institute for 
     Meteorology in Hamburg, Germany, who was not involved in the 
     new study.
       ``The water-holding capacity of the air is the main driving 
     force,'' Claussen said.


                         not a single scorpion

       While satellite images can't distinguish temporary plants 
     like grasses that come and go with the rains, ground surveys 
     suggest recent vegetation change is firmly rooted.
       In the eastern Sahara area of southwestern Egypt and 
     northern Sudan, new trees--such as acacias--are flourishing, 
     according to Stefan Kropelin, a climate scientist at the 
     University of Cologne's Africa Research Unit in Germany.
       Shrubs are coming up and growing into big shrubs. This is 
     completely different from having a bit more tiny grass,'' 
     said Kropelin, who has studied the region for two decades.
       In 2008 Kropelin--not involved in the new satellite 
     research--visited Western Sahara, a disputed territory 
     controlled by Morocco.
       ``The nomads there told me there was never as much rainfall 
     as in the past few years,'' Kropelin said. ``They have never 
     seen so much grazing land.''
       ``Before, there was not a single scorpion, not a single 
     blade of grass,'' he said.
       ``Now you have people grazing their camels in areas which 
     may not have been used for hundreds or even thousands of 
     years. You see birds, ostriches, gazelles coming back, even 
     sorts of amphibians coming back,'' he said.
       ``The trend has continued for more than 20 years. It is 
     indisputable.''


                            uncertain future

       An explosion in plant growth has been predicted by some 
     climate models.
       For instance, in 2005 a team led by Reindert Haarsma of the 
     Royal Netherlands Meteorological Institute in De Bilt, the 
     Netherlands, forecast significantly more future rainfall in 
     the Sahel.
       The study in Geophysical Research Letters predicated that 
     rainfall in the July to September wet season would rise by up 
     to two millimeters a day by 2080.
       Satellite data shows ``that indeed during the last decade, 
     the Sahel is becoming more green,'' Haarsma said.
       Even so, climate scientists don't agree on how future 
     climate change will affect the Sahel: Some studies simulate a 
     decrease in rainfall.
       ``This issue is still rather uncertain,'' Haarsma said.
       Max Planck's Claussen said North Africa is the area of 
     greatest disagreement among climate change modelers.
       Forecasting how global warming will affect the region is 
     complicated by its vast size and the unpredictable influence 
     of high-altitude winds that disperse monsoon rains, Claussen 
     added.
       ``Half the models follow a wetter trend, and half a 
     drier.''
                                  ____


Sample of Scientific Studies Showing Real-World Benefits of Warming for 
                          Species and Habitat


  IPCC Global Warming-Induced Extinction Hypothesis Based on Computer 
                                 Models

       1. Woodwell (1989) wrote that ``the climatic changes 
     expected are rapid enough to exceed the capacity of forests 
     to migrate or otherwise adapt.''
       [Woodwell, G.M. 1989. The warming of the industrialized 
     middle latitudes 1985-2050: Causes and consequences. Climatic 
     Change 15: 31-50.]
       2. Davis (1989) said that ``trees may not be able to 
     disperse rapidly enough to track climate.''
       [Davis, M.B. 1989. Lags in vegetation response to 
     greenhouse warming. Climatic Change 15: 75-89. Gear, A.J. and 
     Huntley, B. 1991. Rapid changes in the range limits of Scots 
     pine 4000 years ago. Science 251: 544-547. Root, T.L. and 
     Schneider, S.H. 1993. Can large-scale climatic models be 
     linked with multi scale ecological studies? Conservation 
     Biology 7: 256-270.]
       3. Malcolm and Markham (2000) agreed that ``rapid rates of 
     extinction [since] many species may be unable to shift their 
     ranges fast enough to keep up with global warming.''
       [Malcolm, J.R. and Markham, A. 2000. Global Warming and 
     Terrestrial Biodiversity Decline. World Wide Fund for Nature, 
     Gland, Switzerland.]
       4. Thomas et al. (2004) developed computer models 
     predicting future habitat distributions. These models were 
     used by the IPCC to make estimates of species extinction.
       [Malcolm, J.R., Liu, C., Miller, L.B., Allnutt, T. and 
     Hansen, L. 2002. Habitats at Risk: Global Warming and Species 
     Loss in Globally Significant Terrestrial Ecosystems. World 
     Wide Fund for Nature. Gland, Switzerland.]


            Scientific Rebuttals to Thomas' Computer Models

       1. Stockwell (2000) observes that the Thomas models, due to 
     lack of any observed extinction data, are not `tried and 
     true,' and their doctrine of `massive extinction' is actually 
     a case of `massive extinction bias.'
       [Stockwell, D.R.B. 2004. Biased Toward Extinction, Guest 
     Editorial, CO2 Science 7 (19): http://www.co2science.org/
articles/V7/N19/EDIT.php]
       2. Dormann (2007) concludes that shortcomings associated 
     with climate alarmist analyses ``are so numerous and 
     fundamental that common ecological sense should caution us 
     against putting much faith in relying on their findings for 
     further extrapolations.''
       [Dormann, C.F. 2007. Promising the future? Global change 
     projections of species distributions. Basic and Applied 
     Ecology 8: 387-397.]


        Plants' Ability to Avoid Extinction with the Help of CO2

       1. Idso and Idso (1994) found that high levels of CO2 have 
     many positive effects on plants.
       [Idso, K.E. and Idso, S.B. 1994. Plant responses to 
     atmospheric CO2 enrichment in the face of environmental 
     constraints: A review of the past 10 years' research. 
     Agricultural and Forest Meteorology 69: 153: 203.]
       2. Idso and Idso (1994) also showed that the positive 
     effects of CO2 on plants were amplified as temperatures 
     increase.
       [Idso, K.E. and Idso, S.B. 1994. Plabt responses to 
     atmospheric CO2 enrichment in the face of environmental 
     constraints: A review of the past 10 years' research. 
     Agricultural and Forest Meteorology 69: 153: 203.]
       3. Wittwer (1988) asserts that even the most extreme global 
     warming envisioned by the IPCC would probably not affect the 
     majority of Earth's plants, because 95% of all plants can 
     naturally adapt to high levels of CO2 while remaining in 
     their current habitat.
       [Wittwer, S.H. 1988. The greenhouse effect. Carolina 
     Biological Supply, Burlington, NC.]
       4. Drake (1992) shows that increases in atmospheric C02 can 
     actually raise the optimum growth temperature of plants.
       [Drake, B.G. 1992. Global warming: The positive impact of 
     rising carbon dioxide levels. Eco-Logic 1(3): 20-22.]


        Real-World Examples of Plants Adapting to Climate Change

       1. Allen et al. (1999) discovered that the vegetation 
     naturally responds to rapid changes in climate. Warmer was 
     always better in terms of vegetation production.
       [Allen, J.R.M., Brandt, U., Brauer, A., Hubberten, H.-W., 
     Huntley, B., Nowacyk, N.R., OBerhansli, H., Watts, W.A., 
     Wulf, S. and Zolitschka, B. 1999. Rapid environmental changes 
     in southern Europe during the last glacial period. Nature 
     400: 740-743.]
       2. Kullman (2002), in a long-term study of the Swiss Alps, 
     similarly shows that the Earth's vegetation can rapidly 
     respond to climate warming. Warming does not result in 
     species extinction, but actually leads to a greater number of 
     species.
       [Kullman, L. 2002. Rapid recent range-margin rise of tree 
     and shrub species in the Swedish Scandes. Journal of Ecology 
     90: 68-77.]


                 Plants Do Not Need to Migrate to Adapt

       1. An international team of 33 researchers found that, with 
     warming, ``when species were rare in a local area, they had a 
     higher survival rate than when they were common, resulting in 
     enrichment for rare species and increasing diversity with age 
     and size class in these complex ecosystems.''
       [Wills, C., Harms, K.E., Condit, R., King, D., Thompson, 
     J., He, F., Muller-Landau, H.C., P., Losos, E., Cmita, L., 
     Hubbell, S., LaFrankie, J., Bunyavejchewin, S., Dattaraja, 
     H.S., Davies, S., Esufali, S., Foster, R., Gunatilleke, N., 
     Gunatilleke, S., Hall, P., Itoh, A., John, R., Kiratiprayoon, 
     S., de Lao, S.L., Massa, M., Nath, C., Noor, M.N.S., Kassim, 
     A.R., Sukumar, R., Suresch, H.S., Sun, I.-F., Tan, S., 
     Yamakura, T. and Zimmerman, J. 2006. Nonrandom processes 
     maintain diversity in tropical forests. Science 311: 527-
     531.]


              Evolutionary Responses to Climatic Stresses

       1. Franks et al., 2007 showed that disease incidence was 
     lower in environments with elevated CO2 levels.

[[Page 10403]]

       [Franks, S.J., and Weis, A.E. 2008. A change in climate 
     causes rapid evolution of multiple life-history traits and 
     their interactions in an annual plant. Journal of 
     Evolutionary Biology 21: 1321-1334.]
       2. Sage and Coleman (2001) concluded that species are 
     continually evolving and have high capacity for further 
     evolving as CO2 content continues to rise.
       [Sage, R.F. and Coleman, J.R. 2001. Effects of low 
     atmospheric CO2 on plants: more than a thing of the past. 
     TRENDS in Plant Science 6: 18-24.]


                   Animals Avoiding Extinction--Birds

       1. Thomas and Lennon (1999) showed that both British birds 
     and European butterflies have expanded their ranges in the 
     face of global warming. This is a positive response that 
     decreases the likelihood of extinction to a lower possibility 
     than it was before the warming.
       [Thomas, C.D. and Lennon, J.J. 1999. Birds extend their 
     ranges northwards. Nature 399: 213.]
       2. In a similar study (1999) Brown et al. showed that the 
     warming trend leads to an earlier abundance of food for the 
     Mexican jay. This, in turn, leads to the jay laying eggs 
     earlier in the season, and thus increasing the chances of 
     survival for young jays.
       [Brown, J.L, Shou-Hsien, L. And Bhagabati, N. 1999. Long-
     term trend toward earlier breeding in an American bird: A 
     response to global warming? Proceedings of the National 
     Academy of Science, U.S.A. 96: 5565-5569.]
       3. Brommer (2004) demonstrates that the range of birds in a 
     warming world will likely increase in size, which decreases 
     the likelihood of extinction.
       [Brommer, J.E. 2004. The range margins of northern birds 
     shift polewards. Annales Zoologici Fennici 41: 391-397.]
       4. Lemoine et al. concludes that ``increase in temperature 
     appear to have allowed increases in abundance of species 
     whose range centers were located in southern Europe and that 
     may have been limited by low winter or spring temperature.'' 
     In addition they found that, ``the impact of climate change 
     on bird populations increased in importance between 1990 and 
     2000 and is now more significant than any other tested 
     factor,'' because warming has tremendously benefitted 
     European birds and helped buffer them against extinction.
       [Lemoine, N., Bauer, H.-G., Peintinger, M. And Bohning-
     Gaese, K. 2007. Effects of climate and land-use change on 
     species abundance in a central European bird community. 
     Conservation Biology 21: 495-503.]
       5. Hapulka and Barowiec (2008) observed that increasing 
     temperatures over a 36-year period led to an increase in the 
     length of the egg-laying period. For several reasons, these 
     temperature increases resulted in birds having significantly 
     more offspring.
       [Halpuka, L., Dyrcz, A. And Borowiec, M. 2008. Climate 
     change affects breeding of reed warblers Acrocephalus 
     scirpaceus. Journal of Avian Biology 39: 95-100.]
       6. UN Modeler Jensen et al (2008) stated, ``global climate 
     change is expected to shift species ranges polewards, with a 
     risk of range contractions and population declines of 
     especially high-Arctic species.''
       [Jensen, R.A., Madsen, J., O'Connell, M., Wisz, M.S., 
     Tommervick, H. And Mehlum, F. 2008. Prediction of the 
     distribution of Arctic-nesting pink-footed geese under a 
     warmer climate scenario.]
       7. When this theory was actually tested, the same 
     researchers, Jensen et al (2008) discovered that global 
     warming ``will have a positive effect on the suitability of 
     Svalbard for nesting geese in terms of range expansion into 
     the northern and eastern parts of Svalbard which are curently 
     unsuitable.''
       [Jensen, R.A., Madsen, J., O'Connell, M., Wisz, M.S., 
     Tommervick, H. And Mehlum, F. 2008. Prediction of the 
     distribution of Arctic-nesting pink-footed geese under a 
     warmer climate scenario. Global Change Biology 14: 1-10.]


             Other Climate Warming Bird Population Studies

       1. UN modelers Seoane and Carrascal (2008) wrote that ``it 
     has been hypothesized that species preferring low 
     environmental temperatures which inhabit cooler habitats or 
     areas, would be negatively affected by temperature during the 
     last two decades.'' After an intense study of 57 species 
     between 1996 and 2004, they discovered that, ``one-half of 
     the study species showed significant increasing [italics 
     added] recent trends despite the public concern that bird 
     populations are generally decreasing,'' while ``only one-
     tenth showed a significant decrease.''
       [Seoane, J. And Carrascal, L.M. 2008. Interspecific 
     differences in population trends of Spanish birds are related 
     to habitat and climactic preferences. Global Ecology and 
     Biogeography 17: 111-121.]

  Mr. BARRASSO. I think the Senator from Utah has made a clear point. 
The costs are real. The costs of doing this are very real. The 
benefits, however, are theoretical.
  I see my colleague and friend from Idaho here. I ask him, who elected 
the Environmental Protection Agency? Because we sure know the American 
people are against these increased costs for energy and these job-
killing regulations.
  Mr. RISCH. I thank my colleague, Senator Barrasso. You were cheating, 
looking at my notes over my shoulder. A well made point.
  I come at this whole proposition from a little different way than 
perhaps a lot of my colleagues do. All of this debate has been about 
global warming and about whether we should regulate carbon and how we 
should do that and what have you. But that is not really the issue on 
this resolution. This resolution is about the separation of powers. The 
Constitution of this great land that we all took an oath to uphold is 
very specific in separating the powers of the executive branch, the 
legislative branch, and the judicial branch. The Founding Fathers 
wisely separated the different branches so that none could overpower 
the other. What are we doing here? The movement by the administration 
and by the Environmental Protection Agency is to take from the 
legislative branch the power that belongs to the legislative branch.
  It is obvious in the debate that is going on here that we have deep 
differences, which we should have, because this is a major policy 
decision that will affect every single American. It has profound 
effects on the economy. It has profound effects on the movement of jobs 
overseas. These are things that should be debated and are things that 
should be decided by elected persons--not by the people at the EPA, who 
are not elected and who are not answerable to the electorate.
  When this happens, what you get is a deterioration of the 
Constitution of this great country. Each of the branches is constantly 
tugging at the other, attempting to pull power away from the other and 
attempting to consolidate power within itself. This movement by the EPA 
to effect policy is one of those power struggles. Every single Member 
of this body should be concerned about the shift of power from the 
legislative branch to the administrative branch.
  What has happened here, as everyone can see, is this has become 
polarized. Again, it has become a partisan argument that we should 
allow the EPA to do this because we can't seem to get it through the 
legislative branch as quickly or as efficiently or leaning to the left 
as we want. That is wrong. It is just plain wrong. It should be decided 
right here. Those policy decisions should be debated here. Those policy 
decisions should be made on the floor of this body and on the floor of 
the House of Representatives. This is not a job for nonelected persons. 
It is a job for the people who have been elected and who have to go 
home again and face reelection and listen to the voters say: You did a 
great job controlling global warming or, you doofus, what are you 
doing? You can't possibly do it the way you want to do it.
  That is a debate which should be held here. Why has this become so 
partisan? At the end of the day, we all know how this is going to come 
out. There are going to be 55 votes, give or take a couple, to defeat 
Senator Murkowski's resolution. It is going to be generally on a party-
line basis. At the end, the administration will claim a great and 
glorious victory again. But it will not be a great and glorious victory 
for the American people; it will be a defeat for the American people. 
And more important, it will be a defeat and another erosion of the 
Constitution of this great country and movement of power from the 
legislative branch where it belongs to the administrative branch, to 
the bureaucrats, to the people who are not elected. That is a wrong way 
to do this. It should stay right here in the legislative body.
  I yield the floor back to my good friend, Senator Barrasso.
  Mr. BARRASSO. I think my colleague makes a key point. My colleague 
from Idaho has been discussing what has been described as the worst 
disaster in American history, and it is what is happening right today 
in the Gulf of Mexico. Should the Environmental Protection Agency maybe 
be focusing its efforts there, where we know there is a real problem, a 
real job to be done, real concerns, and the American people are looking 
or should the Environmental Protection Agency

[[Page 10404]]

spend its time and spend our resources driving up the cost of energy 
and doing it with the idea that perhaps 100 years from now it might 
make a difference? The efforts ought to be placed today where the 
efforts are needed most. The Environmental Protection Agency ought to 
be focused on the gulf, not on something that theoretically may make a 
difference 100 years from now.
  At a time when emissions are going up in China and going up in India 
and going up in Russia, going up all around the world, the 
Environmental Protection Agency says: I want to handcuff the American 
economy, handcuff the small businesses of this country. At a time with 
9.7 percent unemployment, let's make it tougher on Americans--that is 
what the Environmental Protection Agency wants to do. If this Senate 
goes ahead and defeats the Murkowski amendment, they will be saying 
exactly the same thing. We are going to make it tougher on small 
businesses.
  For the small businesses in the western part of the country, we have 
our small refiners, we have our agricultural folks, tourism folks--all 
of the different people as part of the Western Caucus. What is this 
impact going to do to you? What is your position? We contacted 
agricultural groups all around the West. Look at this map of the United 
States. More than half of the square miles of the United States 
included in here support the Murkowski resolution because they know it 
is key to their economy. It is key to those parts of the country. It is 
key to agriculture. It is key to energy production. And it is key to 
families who are trying to balance their budgets, live within their 
means. They do not want to see an increase in taxes, which is what this 
is--an increase in energy costs at a time of 9.7 percent unemployment.
  I tell you, I am here to support the Murkowski resolution of 
disapproval. The EPA's endangerment finding starts the process of 
taxing everything Americans do: driving cars, heating homes, powering 
small businesses. This will cost millions of Americans their jobs.
  It is fascinating. The Small Business Administration wrote to the EPA 
a couple of times reminding the Environmental Protection Agency to stop 
the endangerment finding and look at its impact on small businesses, on 
small communities. The SBA basically said: Comply with the Regulatory 
Flexibility Act, the law meant to protect small businesses from 
excessive regulation from Washington.
  I will tell you, when you talk about excessive regulations from 
Washington, we have seen them in the last year and a half. This bedrock 
law was meant to protect the ranchers, the small refiners around the 
States, restaurant owners in Utah, dairy farmers--you name it. But with 
unemployment hovering at about 9.7 percent, it is unacceptable that the 
Environmental Protection Agency has failed to evaluate the impact of 
greenhouse gas regulations on the small businesses and the communities 
across America. Who grows jobs in America? Small businesses. In the 
last 15 years, small business owners have been responsible for 64 
percent of all job creation in America. But additional regulations, 
additional rules, additional taxes make it that much harder.
  Is it going to actually have an impact on the global environment? No, 
not at all, not when you take a look at what is happening in China, 
where their emissions are going to go up every year all the way through 
2050. India's emissions are going up; more and more energy is being 
used. If you want to use energy well, the United States does the best 
job in using it efficiently.
  It just seems that when I go home on weekends to Wyoming--and I will 
be there again tomorrow--and I talk to people in various parts of the 
State, they say: What are they thinking back in Washington? Why are 
they going to make it harder for us to compete? Why are they going to 
make it harder for us economically?
  The food producers in our Nation compete globally to sell food 
products, and they do it in a way where we need to use energy. 
Agriculture is a hugely energy-intense operation, and anything that 
increases the costs of producing that food is going to get passed on to 
consumers in this country and consumers in other nations as we go ahead 
and try to compete and sell our products overseas.
  It does seem that this EPA endangerment rule will ruin the small 
business engine that drives the economy on jobs.
  The PRESIDING OFFICER. The time of the Senator has expired.
  Mr. BARRASSO. I yield the floor.
  The PRESIDING OFFICER. The Senator from Nebraska.
  Mr. NELSON of Nebraska. Madam President, today I rise to speak in 
support of the bipartisan resolution of disapproval offered by my 
colleague and friend, Senator Murkowski from Alaska, and out of concern 
as well about a serious, harmful impact on Nebraska's economy that 
could result if the Environmental Protection Agency moves ahead with 
its plans to regulate carbon emissions in our country.
  While I will outline some of that impact in a moment, I wish to first 
explain why I am supporting the resolution. I am supporting it to 
protect the Nebraska economy and our Nation's economy from EPA 
overreach. It is that simple. I want to send a clear message: 
Nebraska's farmers, ranchers, business owners, cities, towns, and 
hundreds of thousands of electricity consumers should not have their 
economic fortunes determined by unelected bureaucrats in Washington, 
DC.
  Finding a national consensus on how to control the levels of carbon 
emissions is the job of elected Members of Congress. Reducing carbon 
emissions will have a substantial economic impact on our country but in 
different ways for different States. Congress should take the lead in 
determining the rules that will apply.
  American people may not support. It does not change the Clean Air 
Act. It says Congress should write the new rules curbing carbon 
emissions.
  The reason this is important can be found in what I have heard from 
many Nebraskans about the impact of the EPA's proposed carbon emissions 
regulations.
  For nearly 2 years, since the EPA's initial Proposed Rulemaking for 
Regulating Greenhouse Gas Emissions under the Clean Air Act in July 
2008, I have heard from Nebraskans.
  Many agricultural, industrial and energy-related businesses and 
organizations in my State have warned that the EPA regulations will 
impose substantial new costs on farmers, ranchers, small businesses, 
communities and users of electricity. EPA regulations would impose a 
top-down government-directed regime that would raise the price of 
energy in Nebraska, add greatly to administrative costs, and create new 
layers of bureaucracy.
  While no one can say how much, because even the EPA does not know yet 
what requirements will be imposed on power suppliers, the cost in 
Nebraska will be significant.
  Regulated entities such as Nebraska's two Public Power companies, 
which provide electricity directly to 1.34 million Nebraskans in a 
State of 1.7 million residents, would be subject to an inflexible 
regulatory process. It would require new permits to be acquired before 
facilities are built or modified, and before Best Available Control 
Technology is purchased, installed, and operated.
  The application process for a single EPA permit for a new or modified 
source could cost the applicant hundreds of thousands of dollars and 
require more than 300 person-hours for a regulatory agency.
  In Nebraska today, coal serves as our primary fuel source to produce 
electricity. We also have a great potential to move to renewable energy 
resources such as wind. But the EPA's regulation of greenhouse gas 
emissions would force a move to other fuel alternatives at rates that 
would substantially increase the cost of electricity for consumers in 
our State. This is incontrovertible.
  Soaring electricity rates would have a detrimental impact on many 
businesses and manufacturers. One of them is Nucor Steel in Norfolk, 
one of the largest users of electricity in Nebraska.

[[Page 10405]]

  If you couple the electricity rate increase with new regulations and 
review processes for companies like Nucor to make major modifications 
to an existing facility or build a new facility, you have a recipe for 
trouble. EPA regulation of greenhouse gases would have chilling effects 
on new investment in our Nation's manufacturing sector that we are just 
beginning to see come around from the economic downturn.
  Further, these new regulatory costs are not limited to our utility 
consumers and manufacturers. They could devastate Nebraska's No. 1 
industry: Agriculture.
  According the Nebraska Farm Bureau, were the EPA's tailoring rule not 
to work, an estimated 37,000 farms nationwide would emit more 
greenhouse gas emissions than the Clean Air Act threshold levels allow. 
Permits generally cost more than $23,000, so the regulations could add 
$886 million in costs to our farmers.
  Not only will our farms bear additional bureaucratic costs, but they 
will be put at a disadvantage in the global marketplace.
  The Nebraska Soybean Association notes that every other row of our 
State's soybean crop is exported. The EPA's new regulations will put 
commodities such as Nebraska-produced soybeans at a disadvantage to our 
foreign competitors who are not subject to similar burdensome 
regulations.
  Earlier this year, in his State of the Union Address, the President 
called for doubling our exports over the next 5 years to create more 
jobs in America. That goal is at cross purposes with allowing new 
regulations to go forward that will hamstring our producers as they try 
to compete in the global marketplace.
  Additionally, the Nebraska Corn Growers point out that the increase 
in the bureaucratic costs to farms will boost agriculture input costs. 
With that, our Nation's farms will not even be competitive with foreign 
producers here at home. That, then, in turn will lead to more foreign 
dependence and less security for the U.S. food and fuels supply.
  This strikes me as possibly the biggest negative consequence of the 
EPA getting out ahead of Congress. As I pointed out time and time again 
during debate on the 2008 farm bill:

       If you love that we are dependent on other nations for our 
     energy needs, you'll love even more relying on other nations 
     for our food.

  I am aware that some have argued that support of this resolution is 
an attack on the Clean Air Act. Some say that if the resolution passes 
it would lead to an even greater reliance on oil leading to more 
situations like the spill in the Gulf of Mexico.
  I am not going to go for a smokescreen argument against the Murkowski 
resolution.
  The resolution would only prevent an unwarranted and ill-advised 
expansion of the Clean Air Act's implementation. Every current standard 
and control for air pollution would be preserved exactly intact, as 
written and authorized by Congress.
  Now, I have no doubt that carbon emissions should be reduced in the 
U.S. But not through excessively costly EPA regulations or a 
complicated cap and trade proposal that could spur speculation that 
enriches Wall Street, while not cleaning the air above Main Street.
  In my view greenhouse gas emissions should be reduced through a 
comprehensive energy bill. One that promotes efficiency, innovation, 
new technology, and renewable energy such as wind and biofuels that can 
be produced in Nebraska's fields. An energy bill should help, not harm, 
Nebraska and the American economy as it cleans up the air.
  By pursuing that kind of a sound energy policy we will take important 
steps toward ending our reliance on energy from areas that can be 
unstable such as the Middle East, South America and Africa. Instead, we 
can create our own American energy from the Sun, the wind and the 
biofuels available throughout the Midwest, and across our great land.
  I believe there is bipartisan support for this type of comprehensive 
energy bill. I hope we can turn our attention to it soon.
  We should work together on legislation that enables our agricultural 
and manufacturing industries to grow, rather than wilt under layers of 
unilateral and bureaucratic EPA directives.
  When Congress takes the lead in that manner, Nebraska families, 
farmers and businesses will prosper, and so will America.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Madam President, at this time I yield 10 minutes to 
Senator Feinstein, followed by 10 minutes to Senator Carper.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. FEINSTEIN. Madam President, I just learned, by looking at one of 
the boards out here, that we have something called a Western Caucus, 
and the largest State in the Union that is bigger than all of the 
States in population in the caucus has not been invited to join the 
Western Caucus. Well, so be it. We will have to suffer along.
  This measure, I believe, sets a dangerous precedent by invalidating 
the endangerment finding on greenhouse gas pollution. I strongly oppose 
it. I wish to make the public health argument.
  What is an ``endangerment finding''? Simply put, it is a scientific 
determination made by the EPA that an air pollutant endangers the 
health and welfare of the American people and, therefore, it must be 
regulated under the Clean Air Act.
  This came about because of a 2007 case, Massachusetts v. EPA. What 
the Supreme Court said was that the EPA has an obligation to study the 
impact of global warming. Specifically, the majority opinion found that 
``greenhouse gases fit well within the Clean Air Act's definition of an 
air pollutant.'' It ordered the EPA to comply with the Clean Air Act 
and make a determination about whether greenhouse gases could 
``reasonably endanger public health or welfare.''
  In December 2009, the EPA issued the required final endangerment 
finding, and that final finding said:

       The emission of six greenhouse gasses, carbon dioxide, 
     methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, 
     and sulfur hexafluoride, threaten the public health and 
     welfare of current and future generations.

  Accordingly, the Administrator has initiated action to curb these 
emissions in order to protect the health and safety. Many argue, and I 
happen to concur, that a national cap-and-trade system on these gases 
might be more efficient and less costly than having to regulate them 
under the Clean Air Act. Yet, the Senate has failed time and again to 
approve climate change legislation. We have dithered while the Earth 
heats.
  That means right now, EPA is the only Federal agency with the 
statutory authority to protect the American public's health and safety 
from greenhouse gas pollution.
  The Murkowski resolution, however, would throw out this endangerment 
finding. It would stop EPA dead in its tracks. This would have some 
real and very serious consequences. First, it would put the Senate on 
record rejecting scientific analysis of EPA experts. Second, it would 
block the implementation of a new Federal fuel economy program. Third, 
it would put the Senate at odds with a coalition of 115 nations that 
signed the Copenhagen summit agreement. The President has threatened to 
veto this resolution if it passes, and I would support that veto.
  Now, health effects. The EPA's endangerment finding says that global 
warming will have four significant detrimental human health effects. 
One, more heat waves will mean more heat-related deaths, which is 
already the leading cause of weather-related deaths in our country. 
Two, increased extreme weather events, such as hurricanes, put human 
lives at risk. Katrina demonstrated that in tragic fashion. And, three, 
a warmer climate will likely result in an increase in the spread of 
several food and waterborne pathogens, including tropical diseases.
  Finally, and most important to the Chair's State and my State, EPA's 
endangerment finding states:


[[Page 10406]]

       Climate change is expected to increase regional ozone 
     pollution with associated risks in respiratory illnesses and 
     premature death.

  California has two of the worst nonattainment regions in the country: 
the South Coast Basin, including Los Angeles, and the San Joaquin 
Valley. Experts tells us combined ozone and particulate matter 
contribute to up to 14,000 deaths and $71 billion in health care costs 
every year.
  Roughly 2.5 million Californians--that is bigger than most of these 
States in the Western Caucus--2.5 million Californians suffer from 
asthma, and it is increasing, and other air-pollution-related 
illnesses.
  This is a matter of saving lives. It is a matter of major health 
concern and welfare, and it should be looked at that way. If 
temperatures rise as projected, these two regions of our country could 
see 75 to 85 percent more days with warming-related smog and ozone 
pollution. Fact. This means more asthma, more lung-related disease, 
more premature deaths from air pollution. These scientific observations 
are not political statements. They are fact established by scientific 
study after study. Yet the resolution offered today would reject this 
evidence.
  The EPA is legally charged with protecting the public's health and 
welfare from air pollution. Not to do so, in my opinion, is 
malfeasance.
  Additionally, the Murkowski resolution would invalidate the Federal 
fuel economy program. On April 1, the administration finalized joint 
standards issued by EPA and the National Highway Traffic Safety 
Administration, more fondly known as NHTSA, in coordination with the 
State of California to require automakers to increase fleetwide fuel 
efficiency from the 2008 average of 27 miles per gallon to the 
equivalent of 35.5 miles per gallon in 2016. This is important. It is 
based on the enacted Ten-in-Ten Fuel Economy Act which I authored with 
Senator Olympia Snowe and others. That law requires automakers to 
increase fleetwide fuel economy to the maximum feasible rate beginning 
with 2011 vehicle models. I have been proud and encouraged to see the 
administration aggressively implement this program. Yet if EPA's 
endangerment finding is invalidated by Congress and thrown out, it 
would mean that the Federal fuel economy program would collapse.
  If that happens, California and 14 other States are required to 
enforce their respective State law, regulating tailpipe greenhouse gas 
emission standards. According to the auto industry, this would reimpose 
the very patchwork of regulation they have argued against for many 
years. This would be a major setback. EPA Administrator Jackson has 
written that Senator Murkowski's resolution:

     would undo the historic agreement among states, automakers, 
     the federal government, and other stakeholders . . . leaving 
     the automobile industry without explicit nationwide 
     uniformity that it has described as important to its 
     business.

  State environment commissioners from nine States have written to 
Congress to explain that they prefer a national approach, but they will 
enforce their State statutes as long as the Federal Government refuses 
to act. So the effect of the Murkowski resolution will be to encourage 
a State-by-State variation of regulation. Not good. The EPA is the 
agency we have charged to protect our children and our environment from 
harmful air pollution. EPA is moving forward slowly and carefully to 
address this issue. Its proposed rules would apply only to the very 
largest sources until 2016, 6 years from now. If we in the Senate don't 
like EPA's proposal, we should pass a climate change bill. But the one 
thing we should absolutely not do is deny the existence of a problem 
that science says is severely dangerous to our planet.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Delaware.
  Mr. CARPER. I wish to begin by saying some nice words about the 
Senator from Alaska. When she ran for the Senate the first time, she 
ran against one of my dearest friends, former Governor Tony Knowles, 
whom I tried very hard to elect to the Senate. When he lost, I said: 
You are here. I want to work with you. I want to be your partner on a 
whole lot of things.
  This is one we cannot be partners and colleagues on. I want her to 
know, though, there will be other opportunities, and I look forward to 
those opportunities. Today I am compelled to oppose what she is 
attempting to do.
  As my colleagues are aware, I go back and forth on the train every 
day and night. Usually before I catch the 7:15 train in Wilmington, I 
go to the YMCA and work out. Sometimes people talk to me and say: Hi, 
how are you? Sometimes they try to raise issues. This week a fellow 
came up to me and said: What is this all about? ``This'' being today's 
debate on the proposal of the Senator from Alaska. I didn't have time 
to explore it in detail in order to make my train, but I want to answer 
his question today.
  This is about are we going to be guided by decades of science from 
thousands of respected scientists or not. This is about are we going to 
seize the opportunity that is inherent in the adversity we face at home 
and around the world or not. This is about are we going to get serious 
about ending our addiction to oil, a lot of which in our country is in 
places like the Gulf of Mexico, some thousands of feet below the 
surface of the water or not. This is about are we going to stop sending 
literally maybe hundreds of billions of dollars every year to places 
around the world that are unstable, nondemocratic, propping up tyrants 
who lead countries such as Iran and Venezuela or not. This is about are 
we going to continue sending troops to places such as Iraq or other 
places where they happen to have a lot of oil and we want to make sure 
there is access to the oil or not. This is about whether we are going 
to jump-start our economy at a time in our history when millions of 
young people are graduating from colleges, universities, and high 
schools wondering if they will have the kind of opportunity to find a 
job and provide for themselves and their families some day, to provide 
a good life, better than the one they have inherited from their 
parents. That is what this is about.
  We have heard--and I know my colleagues have heard--from thousands of 
scientists from all over the country who give us their advice. What are 
they telling us? Among the things they are telling us is that the Earth 
is growing warmer. They are telling us that we are part of the cause. 
They are telling us to do something about it. They are saying to us if 
we won't do something about it, at least let EPA do the job they have 
been told by the Supreme Court they have to do under the Clean Air Act. 
Among the things they have had to do under the Clean Air Act is to 
provide for ratcheting up the fuel efficiency of cars, trucks, and vans 
up to about 34 miles per gallon by 2016. The effect of doing that will 
take something like 50 million cars, trucks, and vans off the road by 
2030. That is the kind of thing EPA needs to do, if we will let them.
  Who are the scientists we are hearing from? I don't know them all. We 
have heard from a couple thousand. I know a couple of them well. Their 
names are Lonnie and Ellen Thompson, professors at Ohio State 
University, my undergraduate alma mater. They spent a lot of the last 
20, 25 years running the polar research center at Ohio State. They have 
also spent a lot of the last 25 years going around the world climbing 
up some of the tallest mountains, a lot of them along the equator, 
where the snow caps give them the opportunity to take ice core samples. 
Those snow caps over time have actually begun to largely disappear. The 
ice core samples they still have frozen on the campus at Ohio State 
give us an opportunity to go back in time and, as we go back in time, 
to look back as much as a million years. What do we see then? We see 
over that million years different levels of carbon in the air. 
Sometimes it is high, sometimes it is low. They have correlated--the 
Drs. Thompson; I call them the Thompson twins--the increases in carbon 
with increases in temperature over time and the decreases in carbon 
with the decreases in temperature. They are correlated. They are 
positively correlated. Drs. Thompson say we ought to do something about 
it. We ought to act on that science.

[[Page 10407]]

  I believe they are absolutely right. We have also heard from 
scientists that the 10 hottest years in all the years we have been 
around as a country keeping records are the last 20 years. In an effort 
to compel the government to take action, all kinds of campaigns have 
been launched. I heard one from Senator Feinstein talking about 
drought, fertile farmland turning into desert. Polar bears don't have 
ice to float on. We see endangered species disappear. Movies are made 
about extreme weather that is going to flow out of climate change. I am 
going to leave it to others to pursue those particular agendas or 
examples. I want to focus on a couple I am more familiar with. One is 
Delaware, where I live. The other is Florida, where my parents lived 
for the last 30 years of their lives.
  This is Delaware, outlined here in black. If the melting that is 
going on in Greenland and the west Antarctic ice sheets continues, if 
it continues over the next 100 years or more, this will no longer be 
Delaware. The green area right here will be Delaware. People won't go 
to Rehoboth Beach anymore or Bethany or Dewey Beach. They will be 
looking for a beach up here in Dover. They won't be going go to NASCAR 
races in Dover. They will be going to a sailboat regatta in Dover. 
Ocean View, which doesn't have an ocean view, will be under the ocean.
  Let's take a look at Florida with about a 1-meter rise in sea level. 
My parents lived in Clearwater just around here in St. Petersburg and 
Tampa. The place where they used to live will be largely under water. 
They lived about a half mile from the gulf. It will be pretty much 
under water. Look at south Florida, go to South Beach. When we have 1 
meter of sea rise, we won't find it. It will be under water. What 
happens with 6 meters of sea rise? The red part is the parts of Florida 
that are basically under water. Most of the people who live in Florida 
live in the parts in red. Where are they going to live? I guess they 
can come inland a little bit, but they won't be living in the area that 
turns red because they would otherwise be under water.
  There is a saying that all politics is local. That has been true for 
a long time, and it is still true. The highest point of land in 
Delaware is a bridge. When we get a couple feet of sea level rise, the 
outline of our State changes dramatically. The quality of life in a 
State that is under water changes dramatically as well. The same is 
true of Florida and a bunch of other coastal States.
  What do we need to do? We need to unleash market forces, put millions 
of people to work building new nuclear powerplants, finding ways to 
take carbon dioxide coming out of coal-fired plants, turning it into a 
concrete aggregate to build roads, bridges, finding ways to take the 
CO2 coming off coal-fired plants and turning it into 
biofuels. We need to deploy off of our shores windmill farms. We need 
to deploy windmill farms from North Carolina all the way up to Maine. 
We need to take that electricity we are generating from the wind and 
use that to power vehicles such as the Chevrolet Volt that will be 
launched this fall or the Fisker Karma cars of Project Nina that are 
going to be launched in a year or so, built in Delaware. They get 100 
miles per gallon. We need to make sure that the cars, trucks, and vans 
that GM and Chrysler are prepared to build, 44 miles per gallon, that 
when they build them, somebody will be there to buy them.
  Let me conclude with the words of a friend of Senator Boxer, an 
eminent climatologist named Stephen Stills. He wrote a great song that 
says: ``Something's happening here; what it is ain't exactly clear.''
  It is clear to me. Our planet is getting warmer. It is clear to me 
the great challenges that poses for all of us. But inherent in those 
challenges are great opportunities. The thing we have to do is seize 
those opportunities, to seize the day.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. I yield 5 minutes to Senator Menendez, followed by 5 
minutes to Senator Cardin.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. MENENDEZ. Madam President, I thank the distinguished chairman for 
yielding. I come to the floor in strong opposition to the Murkowski 
resolution because it means we will needlessly use more oil. That is 
why the oil industry supports this resolution, because this resolution 
would increase demand for their products. In turn that is why so many 
of my Republican friends support this resolution, because whenever big 
oil wants something, it seems they line up to support it. When the 
Republicans were in charge of MMS, they stripped the government's 
ability to regulate oil drilling. Anyone who has turned on the news in 
the last 52 days can see exactly what the policy of allowing industry 
to police itself has gotten us. Now they want to go further and strip 
the government's ability to reduce our oil consumption and regulate 
pollution. This is simply a wrongheaded approach at the wrong time.
  This is not the time to increase oil consumption by more than 450 
million barrels, which this resolution would ultimately do. This is not 
the time to prop up big oil, make ourselves less energy secure, and put 
our coastlines in further peril.
  The events unfolding in the gulf have vividly shown us we should not 
be doubling down on 19th-century dirty fuels but, instead, moving to 
clean technologies of the 21st century that will reinvigorate our 
economy, allow our businesses to compete internationally, improve our 
energy security, and preserve the environment.
  The resolution is regressive on its face. For my home State of New 
Jersey, it would increase dependence on oil by more than 14 million 
barrels in 2016 and cost New Jerseyans an additional $39 million at the 
gas pump in 2016.
  The Federal Government gives big oil tax breaks. It gives big oil 
subsidies. The government even gives big oil, so far, a cap on damages 
stemming from oilspills. The resolution is just one more windfall for 
big oil at the expense of American taxpayers.
  So the choice is clear: We can keep protecting big oil from 
regulation or we can do what reason, common sense, and good governance 
dictate. In light of the facts--in light of the need to reduce 
pollution; in light of the need to move toward new, smarter, greener 
energy for the future; in light of what we are seeing happen every day 
in the gulf--over the last 52 days--in light of the fact that this 
resolution would cost consumers as much as $47 billion in additional 
fuels costs, I hope the Senate soundly defeats the Murkowski 
resolution.
  This is a choice between polluting our environment--and stopping the 
government from ensuring we do not pollute our environment--and moving 
toward a cleaner, greener future. This is a choice between a quality of 
life that ultimately reduces respiratory ailments and cancer versus one 
that continues to perpetuate it. The choice could not be clearer. I 
certainly hope my colleagues will ultimately vote for a choice that is 
greener, that has a future of promise and hope and opportunity, not one 
that continues to help big oil at the expense of the American taxpayer.
  With that, I yield back any time I may have to the chair.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Madam President, as the world is looking at the worst 
oilspill in America's history--it may yet become the worst oilspill 
ever--everyone is saying: Well, what are we going to do about this? 
What is our response? Our response needs to be, first, to stop the oil 
from spilling into the Gulf of Mexico; second, to make sure we clean up 
this mess and hold BP and its related companies fully responsible for 
all damages, whether to the businesses that have been put out of 
business, literally, by what has happened in the Gulf of Mexico or the 
property owners or the taxpayers. BP has to be held fully accountable.
  They are looking forward to us making sure that future drilling in 
this country is done in a safe way; that we have a regulatory system in 
place that

[[Page 10408]]

protects the public, that is independent, and that will protect 
environmentally sensitive areas where there is currently no drilling, 
such as the Mid-Atlantic, from any drilling. But they are also looking 
for us to have an energy policy--an energy policy that makes sense for 
America; that we invest in alternative and renewable energy sources; 
that we conserve energy; and that, yes, we manage our mineral resources 
as best we can and use less oil.
  Well, the Murkowski resolution does just the opposite. It is very 
strange, the timing of this resolution, that we are taking up what 
would prevent the EPA regulations and would require us to use more oil 
rather than less oil. That makes no sense at all. It stops dead in its 
tracks efforts to cut the oil consumption of cars and trucks sold in 
America. You may ask why this resolution is being considered. Well, it 
is clearly supported by big oil. But whose side are we on? Are we on 
the side of the American consumers or on the side of big oil?
  On April 1, the Environmental Protection Agency and the Department of 
Transportation completed standards to decrease the oil consumption in 
model years 2012 through 2016 cars and light trucks sold in the United 
States. Those standards will result in vehicles that will use almost 2 
billion barrels less than current models. That is what we should be 
doing: using less oil. That needs to be part of our future.
  On May 21, President Obama directed EPA and DOT to follow up over the 
next 2 years with standards for trucks and buses starting with model 
year 2014 and for cars and light trucks starting with model year 2017. 
Those follow-on standards will further reduce U.S. oil consumption by 
billions of barrels.
  But the Murkowski resolution would compel EPA to rescind its portion 
of the completed standard and prevent the Agency from taking part in 
the follow-on ones--in other words, stopping us from improving the 
efficiency of our fleets, causing us to use more oil.
  Not surprisingly, big oil is trying to disguise their resolution as 
something other than what it is. They claim it is necessary to prevent 
EPA from regulating the greenhouse gas emissions of small businesses 
and even homes and farms. Nothing could be further from the truth. As 
every Senator knows, EPA has already issued a final rule to shield 
small businesses, to shield homes, to shield farms, and to shield all 
other small sources from regulation for at least the next 6 years. Six 
years is more than enough time to pass a law making the exemption for 
small sources permanent.
  The resolution of disapproval has just one certain outcome: that 
America's dangerous dependence on oil will continue. We cannot allow 
this resolution to be approved. It would eliminate the legal foundation 
of the EPA oil-savings standards that are essential to breaking our 
addiction to oil.
  It is time to decide whose side you are on. I choose the side of the 
American consumer, and I ask my colleagues to stand with me and reject 
the Murkowski resolution.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. BARRASSO. Madam President, I ask that the time in this block be 
allocated as follows: Senator Bond, 6 minutes; Senator Collins, 7 
minutes; Senator Enzi, 6 minutes; Senator Chambliss, 6 minutes; Senator 
Brownback, 5 minutes.
  Mrs. BOXER. Madam President, I have a parliamentary inquiry.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Do we have 2 unused minutes?
  The PRESIDING OFFICER. The Senator is correct.
  Mrs. BOXER. I would ask if we could carry that time to the next 
segment, please.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Missouri.
  Mr. BOND. Madam President, I rise in support of the Murkowski EPA 
disapproval resolution. We must prevent the U.S. Environmental 
Protection Agency from imposing a backdoor energy tax on suffering 
families and workers. This is our chance to stand with American 
families and workers and stand against unelected bureaucrats at EPA 
trying to expand government's reach.
  Missouri families and workers do not want the higher energy costs and 
lost jobs that would come from allowing EPA's big government carbon 
regulations to go forward. Missouri manufacturing workers, like those 
in States across the Midwest, are dependent on affordable energy. 
Missouri workers would suffer terribly when EPA's carbon regulations 
drive up the cost of their energy and raw materials. Allowing the 
regulations to go forward would allow India, China, and other counties 
to take those energy-intensive jobs away from American workers. 
Missouri families, like those in States across the Midwest, are 
struggling to pay their power, heating, and cooling bills. Missouri 
families would suffer even more when EPA carbon regulations drive up 
the cost of their electricity, gas, and gasoline bills. Allowing EPA 
carbon regulations to go forward would punish Missouri families with 
higher energy prices.
  Like all families and workers in the Midwest, Missourians wonder why 
we would allow EPA to impose this punishing pain for no environmental 
benefits. Let me make it clear: For those who want to talk about what 
this vote means for the science of global emissions, EPA itself admits 
that unilateral U.S. actions, without China and India, which have 
clearly indicated they will not take action, will have no measurable 
impact on world temperatures. So if you actually believe the climate 
science and want world temperatures to stop rising, these EPA 
regulations will do nothing to address your concerns. You are basically 
telling us you want to impose trillions of dollars in costs, hundreds 
of billions of dollars in new taxes, and hundreds of billions of 
dollars in new government spending for no environmental gain.
  Some also try to hide behind the auto deal between EPA, the State of 
California, and automakers. We should not punish Midwestern families 
and workers with a new energy tax in order to uphold some backroom deal 
between EPA, the automakers, and the State of California.
  Even so, these EPA regulations are totally unnecessary for those who 
care about reducing carbon emissions from vehicles. Let me be clear: 
Congress has already authorized the Department of Transportation to 
impose new, stricter auto emissions standards, and the Obama 
administration announced recently they were going to do so.
  So, again, opponents want to punish American families and workers 
with job-killing energy taxes for no net environmental gain.
  Some also say this issue is linked to the gulf oilspill and we should 
respond by allowing EPA's new backdoor energy taxes. For the life of 
me, I do not see how imposing a new national energy tax is the right 
response to the gulf oilspill. It will not stop the oil from flowing, 
it will not mitigate the environmental damage, and it will not 
compensate the workers and others for lost wages and revenue. We should 
be punishing British Petroleum, not the American people with new taxes. 
And do not be misled about the empty rhetoric against big oil. Big oil 
just passes along the cost of these taxes to us in higher prices for 
the gas and oil we must buy and we must use.
  But some, as they say, never want to let a crisis go to waste. 
Unfortunately, many of my Democratic colleagues seek any opportunity to 
expand the reach of government and impose new taxes. They admit it, 
too, although they use fancy ways to say it. This week, President Obama 
repeated his call for ``putting a price'' on carbon. These are code 
words for imposing a carbon tax.
  We also need to stop and think about what the majority leader has 
said. He and others have said that if EPA is allowed to move forward 
with their carbon regulations, it will cut oil usage. The reason is 
because this new energy tax will punish American consumers with so much 
pain at the pump, they will use less gasoline because they cannot 
afford it. It is like saying we need

[[Page 10409]]

another recession because in a recession people drive less. We want 
recessions? That is hardly the way to make the economy thrive and make 
the progress we need.
  We must stop this policy of pain. We must stop EPA from moving 
forward with job-killing, energy cost-raising regulation. The choice is 
stark: Stand with EPA bureaucrats imposing a backdoor tax or stand with 
American families and workers. I urge my colleagues to stand with 
American families and workers and support the Murkowski amendment.
  I thank the Chair and yield the floor.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. Madam President, I rise to speak in support of the 
resolution offered by the Senator from Alaska disapproving a rule 
submitted by the Environmental Protection Agency concerning the 
regulation of greenhouse gas emissions under the Clean Air Act.
  Our country must develop reasonable policies to spur the creation of 
green energy jobs, lessen our dangerous dependence on foreign oil, and 
reduce greenhouse gas emissions. We face an international race to lead 
the world in alternative energy technologies, and we can win that race 
if Congress enacts legislation to put a price on carbon and thus 
encourage investment here in the United States.
  I have, however, serious concerns about unelected government 
officials at the EPA taking on this complicated issue instead of 
Congress. It is Congress that should establish the framework for 
regulation of greenhouse gas emissions. And it surely is significant 
that the House-passed climate bill, as well as the Kerry-Lieberman 
bill, recognized that fact by preempting some of the EPA's rules in 
this area.
  The Agency's early rules on this topic give me cause for concern. 
They could affect some 34 businesses in my State that employ nearly 
8,800 people. Incredibly, the EPA proposes to ignore the carbon 
neutrality of biomass and would place onerous permitting requirements 
on businesses, such as Maine's biomass plants and paper mills, which 
use biomass to provide energy for their operations. This reverses years 
of EPA considering biomass as carbon-neutral.
  EPA's decisions could well result in the loss of jobs, leading to 
mill and plant closures and discouraging employers from investing. We 
simply cannot afford that result, particularly not in this tough 
economic climate. The EPA's apparent stunning reversal in its view of 
biomass potentially would affect 14 biomass facilities in Maine in 
small rural towns such as Ashland, Fort Fairfield, and Livermore Falls.
  A better way forward is for Congress to finally tackle this issue and 
pass comprehensive clean energy legislation. In December, I joined with 
my colleague, Senator Maria Cantwell, in introducing the bipartisan 
Carbon Limits and Energy for American Renewal Act, what we call the 
CLEAR Act. Our legislation would set up a mechanism for selling 
``carbon shares'' to the few thousand fossil fuel producers and 
importers through monthly auctions. Under our bill, 75 percent of the 
auction's revenues would be returned directly to every citizen of the 
United States through rebate checks. The average family of four in 
Maine would stand to gain almost $400 each year. Our bill represents 
the right approach, a much more thoughtful approach than EPA's, and it 
would spur the development of green energy and the creation of green 
energy jobs.
  I look forward to working with my colleagues to advance the practical 
concepts that are embodied in the CLEAR Act.
  Let me be clear because there are diverse views on this issue in this 
Chamber. I believe global climate change and the development of 
alternatives to fossil fuels are significant and urgent priorities for 
our country. We must meet these economic and environmental challenges. 
The scientific evidence demonstrates the human contribution to climate 
change, and we must act to mitigate that impact. But we must proceed 
with care, and we should not allow the Federal EPA to charge ahead on a 
problem that affects every aspect of our already fragile economy. The 
preliminary steps the EPA has taken, including its decision to revisit 
the carbon neutrality of biomass, undermine my confidence in having the 
EPA proceed. It is Congress's job, not the EPA's, to decide how best to 
regulate greenhouse gas emissions.
  So for this reason, I will vote for the Murkowski resolution.
  Thank you, Madam President.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. ENZI. Madam President, I rise in support of Senator Murkowski's 
resolution that would ensure this Congress keeps its responsibility to 
establish our Nation's environmental regulations. The Environmental 
Protection Agency's move to regulate carbon dioxide under the Clean Air 
Act is an economic and bureaucratic nightmare in the making that is 
going to have a devastating effect on our economy and put a regulatory 
stranglehold on businesses and individuals across the country.
  The Congressional Review Act was passed in 1996 to make sure Congress 
could step in when Federal agencies got off track. It was a bipartisan 
bill because Senators and Representatives recognized we should not hand 
off our responsibility for setting Federal policy to Federal agencies. 
So when Federal agencies get off track, we have a way to bring them 
back to reality. We need to bring the EPA back to reality on the 
catastrophe that regulating greenhouse gases under the Clean Air Act 
would create because if we don't, it will be consumers and businesses--
both small business and big business in every sector of our economy--
that will end up paying more than they can afford for these 
regulations.
  The consequences of allowing the EPA to regulate carbon dioxide under 
the Clean Air Act are tremendous. The EPA's rule that will go into 
effect if Senator Murkowski's resolution is not adopted would not just 
apply to big powerplants or industrial factories. More than 6 million 
businesses and residences will come under these new regulations at a 
cost of billions of dollars to our economy. The EPA is going to 
regulate small business and family farms, and those who can't afford to 
comply will go out of business. They will regulate office buildings and 
warehouses, and if you rent space in an office building or store your 
inventory in a warehouse, your costs will rise. Grocery stores, 
restaurants, hotels, residential buildings, and even individual homes 
will face complicated and expensive regulations.
  It is not just Members on my side of the aisle who believe the EPA is 
taking a disastrous approach. The White House and members of the 
President's party have said EPA's move to impose ``command and 
control'' regulation on greenhouse gases would be a step in the wrong 
direction.
  Where would the regulations stop? No one knows for sure. Cattle 
produce a lot of carbon dioxide and methane, so it is hard to imagine 
how the agricultural industry would not be impacted. What about people? 
In a big city, people are breathing out carbon dioxide all day long. 
Could that be subject to regulation under the Clean Air Act? Could 
breathing become a fineable violation or would there be a new tax as 
breathing isn't an option?
  There will be many unintended consequences if the EPA is allowed to 
move forward, and we have a chance to stop that from happening today by 
supporting Senator Murkowski's resolution disapproving the EPA's 
action.
  Our economy has lost 8 million jobs over the past 2 years, and 
unemployment is still almost 10 percent. Businesses that had to lay 
people off are still hurting. The last thing our economy needs and the 
last thing businesses can afford is an EPA choke hold. According to the 
EPA, the average cost of compliance for stationary sources that would 
be regulated is more than $125,000. That is an average cost. Some will 
be less, but many will be more than $125,000. It is just an average. 
That is $125,000 that could be used to hire new employees. It is 
$125,000 that will not be spent on business expansion. Right now, with 
our economy struggling, we need to be working to encourage businesses 
to hire more employees and to grow, but unless we stop

[[Page 10410]]

the EPA's overreach, businesses across this country will be facing the 
harshest and most expensive regulations they have ever seen.
  Some people have suggested that EPA's decision to move forward with 
greenhouse gas regulation will pressure Congress into implementing a 
cap-and-tax proposal. They say: We don't want EPA to regulate, but we 
have to keep pressure on Congress or Congress would not act. I don't 
buy that argument because, as the old saying goes, ``two wrongs don't 
make a right.''
  Senators are faced with a choice. If it is wrong for the EPA to 
regulate, they should stop it from happening, and supporting Senator 
Murkowski's resolution is the clearest way to do it. My colleagues who 
oppose this resolution are voting in favor of EPA action. They are 
voting to allow the EPA to set up complex regulations that will 
strangle our economy, kill economic recovery, and further squeeze 
consumers and businesses across the country. It is the start of a 
slippery slope. How much control will the EPA reach for after this if 
it isn't stopped now?
  The Clean Air Act is not the EPA's regulatory Swiss Army knife.
  Even EPA Administrator Lisa Jackson has said that the Clean Air Act 
was not written to apply to greenhouse gases. Greenhouse gas is not one 
of the six categories of pollutants that the Clean Air Act covers and 
the list of 188 specific pollutants that are regulated under the Clean 
Air Act does not include carbon dioxide or methane. Even if Congress 
did decide that carbon dioxide and other greenhouse gases should be 
regulated, the Clean Air Act would be the wrong tool for the job. 
Greenhouse gases come from large and small sources, from major 
manufacturers and industrial plants and from community hospitals and 
small-town businesses. And yes, they come from animals, and yes, from 
people breathing in and out. Applying the Clean Air Act across the 
board to sources that emit a small amount of carbon dioxide--as the law 
requires--would be clumsy and harmful, and ultimately do tremendous 
economic harm to America's businesses and consumers.
  The Congressional Review Act was passed so that Congress could step 
in and prevent federal agencies like the EPA from implementing rules or 
regulations that don't make sense. I hope my colleagues will recognize 
the tremendous harm that allowing the EPA to regulate greenhouse gases 
under the Clean Air Act would do to our economy. While there are many 
disagreements about climate change legislation, we should all be able 
to recognize that the course the EPA is on now is the worst of all 
worlds. Their approach would stymie our chances of recovering from the 
recession and stifle economic development for businesses and consumers 
who are already struggling to make ends meet.
  Is there no end to the administration's approach of believing that 
any situation can be saved with more redtape, more regulations, and 
more fines? Is there any end to the power grabs of this administration, 
which has thrown every obstacle it can think of in the path of our 
small businesses? Supporting the Murkowski resolution would check the 
EPA and give our small businesses that make up the most important part 
of our economy a fighting chance.
  This is the last chance to stop the EPA's carbon overreach and the 
slippery slope that will ensue if we allow them to move forward with 
these harmful regulations. Please vote yes on the motion to proceed and 
yes on the motion for disapproval.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Burris). The Senator from Georgia.
  Mr. CHAMBLISS. Mr. President, I rise today in support of S.J. Res. 
26, the resolution disapproving a rule submitted by the Environmental 
Protection Agency, EPA, relating to the endangerment for greenhouse 
gases under the Clean Air Act.
  Today's debate and this resolution are about whether this Congress 
will allow an executive branch agency--EPA--to unleash a regulatory 
onslaught that within a few years will capture homes, small businesses, 
farms, hospitals, and apartment buildings in an expensive, intrusive, 
and bureaucratic regulatory program. The consideration of this 
resolution is about preserving the traditional and constitutional role 
of Congress as the elected representatives of the citizens of this 
country to make necessary and proper laws for the Nation.
  Congress is the appropriate branch of the Federal Government to 
debate and design a climate change policy. Many have complained that 
the Senate is taking too long to do this, but that doesn't mean EPA 
should go ahead and regulate on its own. It is also highly cynical for 
administration officials to suggest that the specter of EPA regulations 
should force Congress to act. I don't appreciate the implied threat 
that if Congress doesn't go along with EPA then the agency will impose 
costly regulations.
  Many argue that passage of the resolution would prevent increases in 
the vehicle fuel economy and undo the ``historic'' agreement among the 
Federal Government, several states, labor unions, and the auto 
industry. It doesn't. The National Highway Traffic Safety 
Administration--NHTSA--has had authority to regulate and increase 
Corporate Average Fuel Economy--CAFE--standards for more than 30 years. 
In fact, Congress directed the agency to increase the standards to at 
least 35 miles per gallon by 2020 in the 2007 Energy Independence and 
Security Act. And these new standards will reduce greenhouse gas 
emissions. EPA's activities on fuel economy through its so-called 
tailpipe rule are unnecessary to achieve the desired results, given the 
authorities already held by NHTSA.
  Many also argue that passage of the resolution is contrary to the 
science of climate change. A letter generated by the Union of Concerned 
Scientists claims the resolution ``ignores'' the scientific findings of 
EPA and the Intergovernmental Panel on Climate Change, and that the 
resolution is an ``attack'' on the Clean Air Act. They must not have 
read the resolution as even a cursory review of it will dispel this 
notion.
  The resolution states, ``That Congress disapproves the rule submitted 
by the Environmental Protection Agency relating to the endangerment 
finding . . . and such rule shall have no force or effect.'' This means 
the agency cannot use the Clean Air Act to control greenhouse gas 
emissions. This does not speak to the issue of whether climate change 
is happening or what is causing it. Those who claim the resolution 
ignores science appear to be avoiding the debate over the economic 
consequences and legal validity of EPA's approach. I also believe that 
they are attempting an end-run around a skeptical Congress. I am sorry, 
but that is not how the American system of government works.
  I know the climate in changing. In 2006, I visited Greenland. I 
toured the Kangia Ice Fjord and took a boat tour of Disko Bay to view 
the world's largest glaciers and icebergs floating in the bay. These 
glaciers were formed more than 1,000 years ago. I saw the glaciers 
melting and the remains of a 4,000-year-old village. Obviously, it was 
warm enough in the past for humans to live and thrive in that part of 
the world, even though in recent memory we only think of Greenland as 
covered in ice. I talked to the scientists who have studied Greenland's 
glaciers for decades. They told me that while the climate is changing 
they don't know with any certainty if the changes are natural or caused 
by human activity or a combination of the two. I found it interesting 
that while some glaciers are melting, some are increasing in size. We 
just don't see what is happening on the back side.
  The President and the Administrator of EPA, Lisa Jackson, have said 
their preference is for Congress to act. They know the Clean Air Act 
was not designed for controlling greenhouse gases. Yet they are swiftly 
moving ahead. Last week, EPA issued a final rule for regulating 
greenhouse gas emissions from stationary sources under the Clean Air 
Act's permitting programs. The so-called tailoring rule is the fourth 
significant action taken by the administration to regulate greenhouse 
gas emissions.

[[Page 10411]]

  The first major action was EPA's determination--the Endangerment 
Finding--that greenhouse gas emissions from cars and light-duty trucks 
endanger human health and welfare. On April 1, 2010, EPA finalized the 
light duty vehicle rule controlling greenhouse gas emissions. Under the 
Clean Air Act, when a pollutant becomes subject to regulation by one 
provision of the Act, it then becomes subject to regulation under other 
provisions. Hence, greenhouse gas emissions are now subject to 
regulation under the Prevention of Significant Deterioration--PSD--and 
title V operating permit programs. It is only a matter of time before 
greenhouse gases are subject to other provisions in the law, such as 
national ambient air quality standards.
  Under current law, the title V program permitting requirements are 
triggered when a facility releases 100 tons per year of a regulated 
pollutant. For the PSD program, the threshold is 250 tons per year. In 
the final rule, EPA ``tailors'' the application of the programs to 
significantly higher threshold levels. Without the tailoring rule, EPA 
estimates that about 6 million sources, including 37,000 farms and 3.9 
million single family homes, will be required to obtain Clean Air Act 
permits.
  EPA's own documents call the tailoring rule a commonsense approach to 
addressing greenhouse gas emissions from stationary sources under the 
Clean Air Act permitting programs. But I don't follow the agency's 
logic. The rule states emissions from small farms, restaurants, and all 
but the very largest commercial facilities will not be covered by these 
programs at this time. The rule establishes a schedule that will 
initially focus the permitting programs on the largest sources and 
without this tailoring rule the lower emissions thresholds would take 
effect automatically for greenhouse gases on January 2, 2011.
  The agency, in its proposed rule, recognized the inherent problems 
with using the Clean Air Act. The proposed rule states, ``This 
extraordinary increase in the scope of the permitting programs coupled 
with the resulting burdens on the small sources and on the permitting 
authorities was not contemplated by Congress in enacting the PSD and 
Title V programs.'' It further states that, ``The new rules would apply 
Title V to millions of sources Congress did not intend to be covered 
and would impede the issuance of permits to the thousands of sources 
that Congress did intend to be covered.''
  It is cold comfort that the smallest sources will not be regulated 
until 2016. We have a rule now that says it is not if but when 
hospitals, farms, small businesses, and apartment buildings can expect 
to have to apply for a clean air permit. We can only imagine what will 
happen to the economy if EPA is successful and its plans to fully 
regulate greenhouse gas emissions under all of the authorities of the 
Clean Air Act come to fruition.
  One of the most troubling aspects about the tailoring rule and EPA's 
approach to its suite of greenhouse gas regulations is that there is no 
economic analysis. The agency hasn't even attempted to quantify the 
economic costs and regulatory burdens it will impose on American 
businesses and consumers. We have no idea what it will mean for jobs, 
economic growth or small businesses. Even though we can't quantify it 
or point to a document, it is not hard to imagine the significant costs 
it will impose.
  While EPA isn't worried about this, States, businesses, unions, and 
individuals are. For example, in March, 20 Governors, including 
Governor Sunny Purdue of Georgia, wrote House and Senate leadership 
expressing grave concern about EPA's efforts to impose greenhouse gas 
regulations. They believe EPA's actions will place heavy administrative 
burdens on State environmental quality agencies just as States are 
expected to face their worst financial situations over the next 2 
years. The Governors also are concerned that the regulations will be 
costly to consumers and could be devastating to the economy and jobs. 
The Governors believe that complex energy and environmental policy 
initiatives should be developed by elected representatives at the State 
and national level but not by a single Federal agency.
  While Georgia believes the final rule is an improvement over the 
proposed one, there are still significant concerns. Most notably is its 
legal vulnerability. I quote from the Georgia Department of Natural 
Resources, Environmental Protection Division, Air Protection Branch 
comments on the proposed rule:

       The GHG Tailoring Rule appears to be legally vulnerable and 
     may not provide intended relief from the statutory permitting 
     thresholds for PSD and Title V. If the Tailoring Rule is 
     vacated, the workload for permitting authorities will 
     increase exponentially at a time when State and Local 
     governments are experiencing severe budgetary challenges due 
     to the current economic climate. Vacatur of the GHG Tailoring 
     Rule seems to be a very real possibility.

  The letter further states:

       We also believe that EPA has failed to take into account 
     the length of time that it will take for permitting 
     authorities . . . to go through rulemaking, . . . hiring, and 
     training in order to implement the mandate of regulating GHG 
     emissions under the Title V and PSD permitting programs. In 
     Georgia, rulemaking will be required in order to insert the 
     new GHG emission thresholds. Rulemaking will also be required 
     in order to increase Title V fees consistent with the Clean 
     Air Act requirement that permitting programs collect enough 
     revenue to implement the program requirements. Given the 
     current state of the economic situation in our state and 
     country, this issue should not be taken lightly. Then, 
     permitting authorities must hire and train staff to issue 
     these complicated permits. This could take up to two years 
     after the requirement is triggered. Raising the regulatory 
     threshold will not abate the predicted permitting backlog if 
     additional permitting personnel are not in place at the time 
     the additional workload occurs.

  EPA is moving ahead despite these concerns and the economic 
consequences of its plans. They will increase energy prices, add to 
administrative costs for companies, decrease job creation, and create a 
large new government bureaucracy, which will endanger economic recovery 
and limit future growth. While the final rule with its phased-in 
implementation is a small step in the right direction, the Clean Air 
Act continues to be the wrong tool for the job, and EPA's timeline and 
its shaky legal foundation will continue to create significant 
uncertainty for the State permitting agencies and businesses community.
  At this time, there is no other option to stop EPA from moving ahead. 
Some of our colleagues have introduced measures to provide for a time 
out; others are looking at ways to codify the tailoring rule and 
provide permanent exemptions for small businesses. However, there are 
no plans for the Senate to consider these measures. If there were 
another option, I would be open to it.
  The Congressional Review Act was designed for the purpose of 
reviewing agency actions. The majority leader understands this and 
recognizes that, ``overburdensome and unnecessary federal regulation 
can choke the life out of small businesses by imposing costly and 
often-ineffectual remedies to problems that may not exist.'' No 
description could be more accurate about EPA's greenhouse gas 
regulatory plans.
  Some argue that it would be a dangerous precedent for Congress to 
stop EPA's endangerment finding. However, it is far more dangerous for 
the Nation if Congress allows an agency to impose these regulations 
under a law that was not designed for the purpose. By issuing the 
tailoring rule, the administration has again reminded us that if 
Congress won't legislate, EPA will regulate. I believe my colleague 
from Alaska was correct when she called this a highly coercive 
strategy. I am appalled by the actions of EPA.
  There is a reason why the U.S. Senate hasn't acted on a cap and trade 
bill. This is because analyses of these bills shows they cause 
significant economic harm--job losses, higher energy prices, higher gas 
taxes, less economic growth. It makes no sense for Congress to pass 
job-killing legislation in order to stave off costly regulation.
  The House and Senate cap and trade bills are truly bad for 
agriculture. They would dramatically increase energy and other input 
costs and, according to EPA, would cause the shift of 59

[[Page 10412]]

million acres out of production into trees. With a growing world 
population to feed, our farmers and ranchers will need to produce more 
food in the future, not less. If enacted as written today, cap and 
trade legislation would only push agriculture production overseas, 
raising many of the same concerns that have been expressed about the 
loss of manufacturing jobs.
  Rather than driving American agriculture offshore, a more sensible 
approach would be to increase food, fuel, and fiber production right 
here at home. In this Nation, we have an abundant natural resource 
base, an economy built on open and transparent markets, and sufficient 
protections for consumers and the environment.
  Last fall, Texas A&M University released a study on the House cap and 
trade bill. I mention it again today because it is most instructive of 
what we can expect to see in the agricultural sector under a cap and 
trade regime.
  Texas A&M University used its representative farm database to study 
the effects of the House bill at the farmgate level. This database was 
developed to help Congress better understand the effects of legislation 
at the individual producer level. The study shows that 71 out of 98 
farms in the database will be worse off under the House bill. The 27 
farms that benefit do so because other producers go out of business 
they benefit because there are fewer acres in production, thus crop 
prices rise.
  Some producers will see increased revenue from an offset program, but 
it is not a significant factor in the profitability of farms in the 
analysis. The study also dramatically shows the regional disparities of 
the House bill. Only some cornbelt farmers benefit. It's hard to 
imagine that members of the Senate Agriculture Committee will be able 
to endorse a policy that disproportionally favors certain commodities, 
few producers and one part of the country at the expense of others.
  In January, 150 agriculture organizations sent a letter to my 
colleague from Alaska supporting the introduction of the resolution. 
These groups wrote that, ``Such regulatory actions will carry severe 
consequences for the U.S. economy, including America's farmers and 
ranchers, through increased input costs and international market 
disparities.'' They also believe that, ``EPA's finding puts the 
agricultural economy at grave risk based on allegations of a weak, 
indirect link to public health and welfare and despite the lack of any 
environmental benefit.''
  On May 18, I received another letter from 49 different agriculture 
groups. They state:

       Without relief from Congress, we fully expect the 
     application of these programs to have severe economic impacts 
     on agriculture. Not only will producers likely incur 
     increased costs as a result of the regulatory impacts on 
     other economic sectors, but agricultural producers will 
     eventually be directly regulated. The final EPA tailoring 
     rule estimates the average cost for these permits is $23,200 
     per permit. For the 37,000 farms identified by EPA as likely 
     to require permits this would cost them more than $866 
     million just to obtain the permit.

  In contrast to the campaign slogans and feel-good messages of hope 
and change for farmers, ranchers and rural America, this administration 
is causing great pain through its actions, especially its economic 
policies and far-reaching regulatory programs and goals. The 
endangerment finding and related regulations are only one set--albeit a 
very significant set--of regulatory actions facing producers and rural 
America. By themselves, these will impose higher energy costs on rural 
residents and businesses. Higher costs in rural areas mean fewer jobs 
and opportunities for those who live there.
  Another immense expansion of Federal regulatory authority that will 
have severe consequences for producers and rural landowners is the 
administration's support for legislation to grant EPA and the U.S. 
Corps of Engineers--Corps--nearly unlimited regulatory control over all 
``intrastate waters,'' including all wet areas within a State, such as 
groundwater, ditches, pipes, streets, gutters, and desert features. The 
administration supports giving EPA and the Corps unrestricted authority 
to regulate all private and public activities that may affect 
intrastate waters, regardless of whether the activity is occurring in 
or may impact water at all. Unbelievably, the administration supports 
eliminating the existing regulatory limitations that allow commonsense 
uses such as those allowed with a prior converted cropland designation. 
I strongly oppose this effort to expand EPA's and the Corps' regulatory 
control. I do not believe the Federal Government should regulate all 
wet areas within a State.
  The administration also is attempting to circumvent one of the most 
highly regarded environmental statutes--the Federal Insecticide, 
Fungicide and Rodenticide Act, that governs the licensing and use of 
pesticides. This is a well-crafted law that balances the risks and 
benefits of pesticide use. EPA has an excellent staff of scientists and 
experts working in this area. However, the agency's political 
leadership is trying to implement by regulatory fiat a precautionary 
approach, which is contradictory to current law.
  For example, last fall, EPA proposed to add language to pesticide 
product labels that will forbid pesticide applications that result in 
drift that could cause harm or adverse effects. For many years, EPA and 
state pesticide regulators recognized that a small amount of drift 
inevitably will occur, and that when pesticides are applied according 
to their label instructions, this small amount of drift does not cause 
an unreasonable adverse effect. If an unreasonable adverse effect is 
likely to be caused by a certain use of a pesticide, FIFRA requires, 
and Congress expects, the label to reflect that information and 
appropriate mitigation be required.
  In April, I wrote to EPA, along with the chairman of the Senate 
Agriculture Committee and other colleagues, about the need for greater 
clarity in pesticide drift policy and noted that such clarity would 
benefit the agency, pesticide users and State regulatory agencies. 
However, we noted that the proposal set forth vague standards and would 
not have clarified pesticide drift policy. It also exceeded the 
authority granted to the agency by FIFRA. We asked the proposed policy 
to be reconsidered. I am pleased to note that recently EPA made the 
right decision to do so.
  One other issue I raise reflects the administration's willingness to 
cast aside rational, science-based policy when given the opportunity to 
impose additional regulation. In January 2009, the Sixth Circuit Court 
of Appeals issued an opinion in National Cotton Council v. U.S. 
Environmental Protection Agency that would require pesticide 
applications to be permitted under the Clean Water Act's National 
Pollutant Discharge Elimination System--NPDES. The permit would be in 
addition to any label requirements or restrictions already placed on 
the use of the pesticide under FIFRA.
  Unfortunately, the administration refused to appeal the decision even 
though it admitted in a filing with the U.S. Supreme Court this year 
that the Sixth Circuit Court reached the wrong decision. Pesticides are 
not pollutants under the Clean Water Act and have never been. Instead, 
EPA, for political reasons, has been working to develop a NPDES general 
permit for discharges from the application of pesticides. EPA released 
the draft permit last week for public comment and will issue a final 
permit in December 2010. Pesticides applications must be covered by a 
permit by April 9, 2011. Is your State ready to issue these permits? 
Are your producers and applicators ready to apply for them?
  This has been a particular concern for State and public health 
officials as it has the potential to seriously affect their ability to 
control mosquitoes, especially those carrying the West Nile Virus. 
According to the Centers for Disease Control and Prevention, there were 
720 cases, including 32 deaths, attributed to the virus in 2009. This 
is better than 2008, in which there were 1,370 cases, including 37 
deaths. In 2009, two of those deaths were in my home State of Georgia.
  Talk about overburdensome, unnecessary regulation! Requiring 
producers,

[[Page 10413]]

pest control agencies and other users to obtain NPDES permits will do 
nothing to enhance the environment. It only doubles the number of 
permitted entities and creates new requirements for monitoring, 
surveillance, planning, recordkeeping, and reporting that only will 
create significant delays, costs, reporting burdens and legal risks 
from citizen suits. These permits will provide absolutely benefit only 
cost.
  All issues regarding water and pesticides are addressed by EPA as 
part of the pesticide registration process. If there are concerns, 
mitigation is required. We are fortunate we have a strong law that 
requires rigorous science and careful balancing of risks and benefits.
  The Endangerment Finding and related rules, along with the other 
environmental regulations planned by the administration will hurt the 
productivity of American farmers and ranchers and make the future for 
U.S. agriculture far less bright than it should be. These actions are 
basically a backdoor tax on every American family and business by 
unelected bureaucrats. Federal regulation is not the key to success or 
jobs in rural areas or in any other part of this Nation.
  Some claim that EPA's actions should scare Congress into passing a 
cap and trade bill, but I disagree. Congress should not be bullied into 
passing bad legislation and neither should it stand for an agency that 
is vastly overreaching. The choice is clear to me--do Senators want EPA 
to impose a regulatory regime that it has tenuous authority to create 
or do you want Congress to make the laws of the land? If you believe 
Congress should develop laws and set policy, then vote in support of 
the resolution. I strongly oppose EPA's actions and plan to vote yes on 
the Murkowski resolution.
  The PRESIDING OFFICER. The Senator from Kansas is recognized.
  Mr. BROWNBACK. Mr. President, I thank my colleagues for this 
discussion we are having. I was here when the Congressional Review Act 
was put into place for the very purpose it is being used for, which is 
when we have a Federal agency that overreaches and seeks to put in 
place a regulation that will cost tens of billions of dollars, without 
any legislative action taking place, the Congress should step in. That 
is what the Congress is seeking to do with this--step in on something 
that has enormous economic consequences, enormous costs across society, 
and yet has not been voted on by this legislative body.
  Clearly, if we are going to do something of this nature, it should 
pass the Senate. It should come up in front of this body.
  Toward that end, I tell my colleagues we have a bipartisan energy 
bill that passed through the Senate Energy and Natural Resources 
Committee, the American Clean Energy Leadership Act of 2009, which 
Chairman Bingaman worked through his committee over a month's period of 
time, that has a number of issues regarding renewable energy, regarding 
nuclear technology, to reduce CO2 emissions. Lots of things 
are in it. It passed in a bipartisan way through committee.
  That is what we ought to bring up on the Senate floor. We should pass 
the Murkowski disapproval resolution so that EPA doesn't act 
prematurely before the Congress acts. We should bring up the bipartisan 
American Clean Energy Leadership Act of 2009, consider it, and use that 
as the route forward for us as a legislative body to act on a major 
issue facing our country, without having it done by fiat by an 
unelected bureaucracy, which is going to make people mad, and it will 
have a lot of costs.
  In my State, Kansas City has a board of public utilities. If we put 
these costs on their electric generation, which is mostly out of coal, 
they are going to see their utility rates go up from the mid-20 percent 
to 50-some percent in less than a decade's period of time. Is that 
going to happen without any vote of this legislative body? We are going 
to see people's utilities rates go up possibly 50 percent with no vote 
taking place?
  I think people would say we need to have a clear deliberation of this 
body. Also on this point, the way we have solved problems of this 
nature and magnitude in the past is through investment and innovation, 
not through taxes and regulation. It is us saying let's figure 
different ways forward to deal with this rather than let's tax people 
and regulate people more and drive up their costs.
  A year and a half ago, we had the first hydrogen fuel cell locomotive 
roll down the tracks in Topeka, KS, done by BNSF, the Army, and several 
other groups. It is replacing a diesel. It is a test unit. But that 
investment and innovation by BNSF, which uses 5 percent of the diesel 
fuel in the country, that is the way you move forward rather than raise 
utility rates for people in Kansas City by 50 percent.
  It is also a way that we as the American people have been most 
successful--investment and innovation--when people look at a better way 
for us to move forward, which is cost effective, and the American 
people embrace it if it works well. If it is, people will embrace it. 
They are delighted to do that. If we go the other route and say we are 
not going to do that through investment and innovation, we are going to 
do it through taxes and regulation and raise utility rates 50 percent, 
people are going to be flaming mad about that, and it is being done by 
an unelected bureaucracy to pursue that.
  It would not work and it would not be accepted by the American 
public. It is not the way we have moved forward as a society. It would 
not be us leading in the world. It will be us following on, yet again--
when somebody says you have to go by taxes and regulation, we say, OK, 
we will do it. That is not the American way. It is through investment 
and innovation. We have done it in the past. We can do it now, and we 
can have Congress's role in this on supporting a renewable energy 
standard, which is one way, where we get more energy from wind, 
nuclear, and a bipartisan bill that has already been produced. That is 
an acceptable way, the way the American public can embrace--not this 
route which raises taxes and regulation and will not be accepted by the 
American public.
  I urge my colleagues to support the Murkowski resolution of 
disapproval and reject the EPA's endangerment finding and take up the 
bipartisan Energy bill that is cleared through the Bingaman committee 
for us to consider on renewable energy.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time? The Senator from New Mexico 
is recognized.
  Mr. UDALL of New Mexico. Mr. President, I ask unanimous consent that 
our 30-minute block, which is coming up now, be divided in the 
following manner: Senator Whitehouse for 10 minutes, Senator Webb for 5 
minutes, Senator Murray for 5 minutes, Senator Leahy for 5 minutes, and 
I will close with 5 minutes. With that, I yield to my good friend from 
Rhode Island, Senator Whitehouse.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Rhode Island.
  Mr. WHITEHOUSE. Mr. President, I stand in opposition to the 
resolution offered by the Senator from Alaska. The text of the 
resolution asks Senators to second-guess scientists and public health 
officials by voiding the scientific finding that carbon pollution may 
endanger public health or welfare--like there is any legitimate dispute 
about that question. The text of this resolution would halt all efforts 
by EPA to address carbon pollution, including the necessary and long-
overdue fuel efficiency standards that EPA negotiated with States and 
the automobile industry, to everyone's satisfaction.
  Mr. President, that is the text of the resolution. But the point of 
the resolution is far simpler: to delay--delay action on energy 
legislation, delay action by EPA to protect public health and, more 
importantly, to delay action in this Congress on energy reform and to 
preserve the status quo by taking off the pressure of facts and science 
and law that is now driving the process. They want to trump that with 
pure politics.
  What you will hear from many colleagues who support this resolution 
is

[[Page 10414]]

that they want Congress to act to address carbon pollution and not the 
EPA. But with all due respect, many of the resolution's supporters want 
nothing to do with comprehensive clean energy and climate legislation. 
What they want is for EPA to go away. If they can delay EPA's work to 
address carbon pollution or stop it in its tracks altogether, they take 
the pressure off of anybody to do anything serious about a new energy 
policy or our addiction to fossil fuel. This is about delay on change 
in our energy policy.
  Congress could be spending its time now setting the country on a new 
energy course by placing a price on carbon and investing in low-energy 
and clean-energy alternatives. Transforming our energy base will not 
happen overnight, but the longer we delay, the harder it will be.
  That is what Congress could be doing. Instead, we are spending time 
arguing about whether the Clean Air Act should be used to fight air 
pollution. Outside these walls, in the real world, this question has to 
seem absurd. What else would the Clean Air Act be used for?
  This issue has been all the way to the Supreme Court, and it is 
established law that the Clean Air Act applies. Then why are we 
debating this legislation? We are debating this because the big 
polluters--the same industries that brought us the April 5, 2010, mine 
disaster in West Virginia and the explosion on the rig in the Gulf of 
Mexico--like things the way they are. They like the status quo.
  Under the status quo, while the rest of America was struggling to 
pull out of a recession earlier this year, big oil raked in record 
profits--$23 billion in just the first quarter of 2010. Under the 
status quo, when workers pay the costs of mining and drilling with 
their lives, when our environment pays for devastating oilspills, when 
our children pay the cost of dirty air with childhood asthma, big 
polluters don't have to pay the full cost of the pollution they have 
caused. That is the status quo they want to preserve.
  In 2009, the polluters spent $290 million lobbying Congress or 10 
times what the clean energy companies spent. This year, they have 
lobbied Members of the Senate to support this Murkowski resolution. 
They will keep on lobbying for delay and against energy reform, that is 
clear.
  The question is, How will we respond to that big oil industry 
pressure? Will we fold before these big companies and their corporate 
lobbyists and delay again action on energy and climate change or will 
we stand up to the special interests and work to enact comprehensive 
climate and clean energy legislation?
  This is not the first time I have spoken on the Senate floor in 
opposition to an effort to delay EPA action. But it is the first time I 
have done so against the backdrop of an environmental catastrophe.
  This time, when I say polluters want to delay action on climate 
change and energy reform, we understand in a very real way the risk 
that delay poses. Despite the multimillion-dollar ad campaign by BP 
telling us not to worry because they are ``beyond petroleum,'' hundreds 
of thousands of gallons of crude oil now pour into the Gulf of Mexico 
from a BP well that exploded 2 months ago because they were big 
polluters and badly prepared.
  Polluters have a powerful voice in Congress. Make no mistake about 
it; if they are successful in getting Congress to keep EPA from 
addressing carbon pollution, they will take all the pressure off for 
clean energy jobs legislation. But the tragedy along the gulf coast 
makes clear that we must do something. Today's vote will make clear who 
in this Chamber is on the side of delaying action on real energy reform 
and who is fighting for the American people, for jobs, and for the 
environment.
  America is already years, if not decades, behind in the race to lead 
the global clean energy revolution. As far back as the 1890s, 
scientists documented the ``greenhouse effect'' of increased carbon 
dioxide in our atmosphere. The first congressional hearings on climate 
change were held three decades ago.
  In 1994, the U.N. Framework Convention on Climate Change recognized 
human-caused climate change. The issue has been out there for decades, 
and now it is time to take action. We have to move swiftly to address 
climate change and to have America in front in the global race for 
clean energy jobs.
  In the meantime, we have to allow EPA to use its legal authority to 
reduce carbon pollution and encourage the deployment of clean energy. 
The EPA isn't just inventing this authority, it is following the law of 
the land. Congress enacted the Clean Air Act in 1970 under a Republican 
President. For four decades, EPA has used the Clean Air Act to make our 
air safer to breathe. Over that same time, guess what. Our economy 
grew--many times over.
  Some argue that the Clean Air Act isn't meant to clean up carbon 
pollution. Well, the Supreme Court disagreed. Congress wrote a very 
broad definition of ``air pollutant'' and specifically, in 1990, 
defined carbon dioxide as a pollutant in the Clean Air Act amendments.
  Despite this broad authority, EPA was indeed idle for many years, but 
not of its own accord, and not when it was sued. In fact, the Bush EPA 
fought the application of the Clean Air Act to carbon dioxide every 
step of the way and to the bitter end, right up to the doors of the 
Supreme Court, where they lost. Despite the heavy hand of the Bush 
administration holding EPA back from doing its legal duty, the Supreme 
Court--one of the most conservative Supreme Courts in generations--
ruled in 2007 that carbon dioxide and other greenhouse gas emissions 
were ``pollutants'' under the Clean Air Act. The Supreme Court held 
that if the Agency thought this pollutant could ``reasonably be 
anticipated'' to endanger public health or welfare, the EPA had to act.
  Yet here we are, and some Senators still want delay. For delay, they 
are willing to vote for a resolution that disregards science. For 
delay, they are willing to vote for a resolution that undermines the 
Clean Air Act. For delay, they are willing to vote for a resolution 
that tosses aside a Supreme Court decision. And for delay, they are 
willing to vote for a resolution that ignores the will of the American 
people, largely for the benefit of big oil and other corporate 
polluters.
  Should we have a national discussion on how to control carbon? Yes. 
Should we debate how to move to cleaner sources of energy? Absolutely. 
But rather than have an honest discussion about how to do this, 
supporters of this resolution want to delay doing anything at all.
  The attorney general of my State of Rhode Island, Patrick Lynch, with 
10 other attorneys general and the corporation counsel of New York 
City, sent a letter to the Senate leadership yesterday urging us not to 
vote for the Murkowski resolution because it ``would be a step 
backwards undoing the settled expectations of States, industry, and 
environmentalists alike.''
  In closing, that is exactly the point of this resolution. It is a 
deliberate step backward. It is a delay tactic. It is a last attempt by 
polluters to hold onto the dirty energy economy that has treated them 
so well--$23 billion well so far this year.
  Under this dirty energy economy, we spend $1 billion a day on foreign 
oil from countries that do not wish us well. Companies such as BP can 
cut corners on worker safety and the environment and then expect the 
government to come in and clean up their $30 billion mess. Twelve 
percent of our children in New England downwind from the polluters 
suffer from asthma and pulmonary disease. These kids matter. This issue 
matters. We can delay no longer.
  I urge my colleagues to say no to delay, say no to taking all the 
pressure off the polluters, and vote against the Murkowski resolution 
so we can get to work to forge clean energy reform in America.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. UDALL of New Mexico. Mr. President, I yield 5 minutes to the 
Senator from Virginia, Mr. Webb.

[[Page 10415]]

  The PRESIDING OFFICER. The Senator from Virginia is recognized.
  Mr. WEBB. Mr. President, I rise today in somewhat regrettable 
opposition to the resolution offered by the Senior Senator from Alaska.
  I do not believe this is about big oil. This is not about oilspills. 
It is not about people who like dirty air. It is about the extent to 
which the executive branch in our government can act without the clear 
expression of intent from this Congress. I appreciate Senator 
Murkowski's efforts to illuminate this issue further in front of our 
body.
  Like Senator Murkowski, I have expressed deep reservations about the 
consequences of the endangerment finding on carbon dioxide and five 
other greenhouse gases that the Environmental Protection Agency issued 
on December 7, 2009. As many of us in this body well know, without 
proper boundaries, this finding could be the first step in a long and 
expensive regulatory process that could inevitably lead to overly 
stringent and very costly controls on carbon dioxide and other 
greenhouse gas emissions. This regulatory framework is so broad and 
potentially far reaching that it could eventually touch nearly every 
facet of this nation's economy, putting unnecessary burdens on our 
industries and driving many businesses overseas purely at the 
discretion of the executive branch and absent the clearly stated intent 
of the Congress.
  Our farms and factories, our transportation system, and our power 
generating capacity would all be subject to these new regulations. This 
unprecedented, sweeping authority over our economy at the hands of the 
EPA is at the heart of Senator Murkowski's concern, and ultimately, 
whichever way one votes on her amendment, it is what this debate is all 
about.
  At a time when the economy continues to struggle under the burdens of 
the worst recession since the Great Depression, I do not believe that 
Congress should cede its authority over an issue as important as 
climate change to unelected officials of the executive branch. 
Congress--and not the EPA--should make important policies, and be 
accountable to the American people for them.
  This is not a new concern for me. When this administration declared 
last November that the President would sign a ``politically binding'' 
agreement at the United Nations Framework on Climate Change in 
Copenhagen, I objected. I was the only Member of Congress to send the 
President a letter stating clearly that ``only specific legislation 
agreed upon in the Congress, or a treaty ratified by the Senate, could 
actually create such a commitment on behalf of our country.''
  I have also expressed on several occasions my belief that this 
administration appears to be erecting new regulatory barriers to the 
safe and legal mining of coal resources in my state and others. My 
consistent message to the EPA is that good intentions do not in and of 
themselves equal the clear and unambiguous guidance from the Congress.
  In examining this issue, I have also reviewed carefully the Supreme 
Court's holding in Massachusetts v. EPA. My opposition to EPA's 
regulation of carbon dioxide for stationary sources stems in part from 
my reading of the case. I do not believe that prior EPA Administrators 
acted arbitrarily and capriciously in declining to regulate carbon 
dioxide and other greenhouse gases. Nor am I convinced that the Clean 
Air Act was ever intended to regulate--or to classify as a dangerous 
pollutant--something as basic and ubiquitous in our atmosphere as 
carbon dioxide.
  Notwithstanding these serious concerns with the endangerment finding 
and what I view as EPA's potentially unchecked regulation of carbon 
dioxide, I have decided to vote no on the resolution before the Senate. 
I have done so for two principal reasons.
  First, Senator Murkowski's resolution would reverse significant 
progress that this administration has made in forging a consensus on 
motor vehicle fuel economy and emissions standards. A little more than 
one year ago, the Obama administration brokered an agreement to 
establish the One National Program for fuel economy and greenhouse gas 
standards. This agreement means that our beleaguered automotive 
industry will not face a patchwork quilt of varying State and Federal 
emission standards. Significantly, this agreement is directly in line 
with the holding in Massachusetts v. EPA, which dealt with motor 
vehicle emissions. Both in the Clean Air Act and in subsequent 
legislation enacted by the Congress, there has been a far greater 
consensus on regulation of motor vehicle emissions than on stationary 
sources with respect to greenhouse gas emissions.
  It has been estimated that these new rules, which are to apply to 
vehicles of model years 2012 to 2016, would save 1.8 billion barrels of 
oil and millions of dollars in consumer savings. The agreement, 
however, and the regulations that will effectuate it, both rest upon 
the same endangerment finding that would be overturned by this 
resolution. In this sense, the Murkowski resolution goes too far. And 
it is for this reason that the Alliance of Automotive Manufacturers and 
the United Auto Workers, UAW, have publicly stated their opposition to 
the legislation before us.
  Second, I have concluded that an alternative, equally effective 
mechanism exists to ensure that Congress--and not unelected Federal 
officials--can formulate our policies on climate change and energy 
legislation. Senator Rockefeller has proposed legislation to suspend 
EPA's regulation of greenhouse gases from stationary sources for 2 
years. I am a cosponsor of Senator Rockefeller's bill. His approach 
would give Congress the time it needs to address our legitimate 
concerns with climate change, and not disrupt or reverse the important 
progress that has been made on motor vehicle fuel and emission 
standards. I note that, to her credit, this was an approach that the 
senior Senator from Alaska originally proposed, and I am hopeful that 
we can take this approach in the future.
  I am also pleased that in my discussions with the majority leader, he 
has assured me of his willingness to bring the Rockefeller bill to a 
vote this year.
  Finally, let me say I share the hope of many Members of this body 
from both sides of the aisle that we can enact some form of energy 
legislation this year. I have consistently outlined key elements that I 
would like to see in any energy package. The centerpiece of any climate 
policy must be to encourage the development of clean energy sources and 
carbon-mitigating technologies. We should explore mechanisms that will 
incentivize factory owners, manufacturers, and consumers to become more 
energy efficient. We should also fund research and development for 
technologies that will enable the safe and clean use of this country's 
vast fossil fuel resources.
  In November 2009, I introduced the Clean Energy Act of 2009, S. 2776, 
with Senator Lamar Alexander. This bipartisan bill will promote further 
investment in clean energy technologies, including nuclear power and 
renewable sources of energy. Specifically, the Clean Energy Act of 2009 
authorizes $20 billion over the next 10 years to fund loan guarantees, 
nuclear education and workforce training, nuclear reactor lifetime-
extension, and incentives for the development of solar power, biofuels, 
and alternative power technologies. I believe it is a practical 
approach toward moving our country toward providing clean, carbon-free 
sources of energy, helping to invigorate the economy, and strengthening 
our workforce with educational opportunities and high-paying jobs here 
at home.
  This legislation by itself is not intended to solve all of our 
climate change challenges. It is, however, a measurable and achievable 
beginning and will place the Nation on a path to a cleaner energy 
future. In addition, through investment in lower emission 
transportation fuels, incentives to electrify the transportation 
sector, and support for technologies that will eventually enable the 
burning of fossil fuels in a carbon-free fashion, it provides a 
framework for technologies that will eventually enable a more effective 
response to climate change.

[[Page 10416]]

  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. WEBB. Mr. President, I ask unanimous consent for 1 more minute.
  The PRESIDING OFFICER. Is there objection?
  Mr. UDALL of New Mexico. My understanding is all the time is 
allocated in this 30-minute block. Senators are lined up to speak, I 
say to Senator Webb.
  Mr. WEBB. I was told last night that I would have 10 minutes. I got 
down here and discovered I have 5. Let me just say Senator 
Rockefeller's bill can do the job. I hope my colleagues will look at 
it.
  Mr. UDALL of New Mexico. I yield an additional minute.
  Mr. WEBB. I appreciate that.
  Ms. MURKOWSKI. Mr. President, before Senator Webb continues, may I 
ask a question? If an additional minute is to be yielded to the 
opposition, I request that we also have additional time added to our 
side.
  Mr. UDALL of New Mexico. I have yielded 1 minute from my time out of 
the 30-minute block. It is not additional time.
  Ms. MURKOWSKI. I rescind that request if it is coming out of the 
Senator's time.
  Mr. WEBB. Let me make this a lot simpler. I will take 15 seconds and 
say I am a cosponsor of Senator Rockefeller's bill. I believe it is an 
effective approach. To Senator Murkowski's credit, it is an approach 
she originally proposed, before she was shut off from getting a vote on 
that type of a procedure. I am going to vote against Senator 
Murkowski's resolution, but I think she is on the right track.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. UDALL of New Mexico. Mr. President, I yield 5 minutes to the 
Senator from Vermont, Mr. Leahy.
  The PRESIDING OFFICER. The Senator from Vermont is recognized for 5 
minutes.
  Mr. LEAHY. Mr. President, I will oppose the resolution. The 
resolution of disapproval before us reminds me of a skills competition 
for young people that has been promoted by the National Football 
League. It is called Punt, Pass, and Kick. The resolution is an 
engraved invitation for the Senate to make a big league handoff of a 
basketful of illness, economic stalemate, and environmental pollution 
to our children and grandchildren.
  It would punt away constructive action to begin addressing many 
threats that each and every American faces from climate change, and the 
threats we face every day to our national security.
  It would pass on opportunities to foster cleaner air and water for us 
and for the generations that will follow us. It would kick away the 
progress already negotiated by the Obama administration and key 
industries, such as automobile and truck manufacturers, to usher in new 
products that would pollute less while creating good American jobs--
jobs that cannot be sent overseas, jobs we need in America.
  Many on the other side of the aisle have been adamant in trying to 
wish these problems away and to forfeit the economic opportunities at 
our fingertips to lead the world in these new energy technologies. 
Powerful corporate interests are more than glad to contribute to these 
efforts to stalemate any progress.
  What we are debating today is whether business as usual is good 
enough for the environmental challenges and economic opportunities that 
are already before us. We are being asked to overturn with a political 
veto the strong scientific evidence that points to a healthier future. 
We are being asked to undermine America's ability to clean up our air 
and our waters.
  The science is clear that greenhouse gases are a danger, and they are 
a clear and present health and economic threat to the American people.
  At a time when our Nation is responding to our worst environmental 
catastrophe of all time and oil continues to gush into the Gulf of 
Mexico, passing this resolution would be the Senate's way of saying: 
Nothing has changed; nothing should change. I disagree. It is a 
declaration of our intent to keep relying on the outdated, dirty, and 
inefficient technologies of the past, and to let every other 
industrialized country create jobs in their countries, leap ahead of us 
in developing and selling these new technologies. I disagree with that. 
This is another proposed bailout of big polluters.
  I do not think this is the path we want to chart for our children and 
our Nation. A decade from now, will we be able to look back at this 
vote and not be ashamed of ourselves? EPA's findings are based on sound 
science and an exhaustive review of scientific research. Let's not the 
100 of us cast a political vote to overturn that.
  Much of what the special interests and big oil and their lobbyists 
have been saying in favor of this resolution is steeped in politics and 
mistruths, not in science. What we have here is the Environmental 
Protection Agency focused on protecting the American people, whether it 
is arsenic in our drinking water, smog in the air, mercury in the fish 
we eat, or greenhouse gases. Overturning these findings would be like 
trying to overturn science. You don't do it.
  If we pass this resolution, it is not a case of hurting the economy. 
Quite the opposite. The resolution will hurt the economy by causing the 
American people to forfeit a third of the greenhouse gas emissions 
reductions that are projected to come from last year's historic 
agreement.
  Do not overturn the EPA findings. Do not force our Nation's already 
struggling automakers to spend even more money to produce more fuel-
efficient cars because a dozen States, such as Vermont and California, 
could then go forward, each with their own rules and standards.
  Let us not be known as the Congress to continue to punt, pass, and 
kick on these crucial issues about which the American people are 
looking for solutions.
  Mr. UDALL of New Mexico. Mr. President, I yield 5 minutes to the 
Senator from Washington, Mrs. Murray.
  The PRESIDING OFFICER. The Senator from Washington State is 
recognized for 5 minutes.
  Mrs. MURRAY. Mr. President, I rise today to express my strong 
opposition to the resolution before us that would block the EPA from 
regulating greenhouse gas emissions and protecting our families and the 
environment.
  This resolution is not based on science, and I feel strongly it would 
be a step in the wrong direction for our country. We know greenhouse 
gas emissions are dangerous for our environment and to our families' 
health.
  The science on this issue is clear, and it is something people in my 
home State of Washington take very seriously. Climate change would 
wreak havoc on much of what our families treasure--our forests, our 
coastlines, our salmon habitats, and our farmland.
  The debate we should be having today ought to be how we move forward 
on that issue, not how to obstruct and stall and maintain the status 
quo. What we should be discussing is how to pass a comprehensive 
climate and energy bill that would reduce our dependence on foreign 
oil, support our national security objectives, and unshackle this 
economy; that would tap the creative energy of our Nation's workers and 
create millions of good, family-wage jobs here in this country and make 
sure our workers continue leading the way in the 21st-century economy.
  I know there are several proposals that have been put on the table on 
this issue, but we can't just simply block EPA's endangerment findings 
and expect our greenhouse gas emission problem to resolve itself. I 
know there are industries that have concerns about being regulated. I 
understand they would prefer a legislative solution. I would too. But 
we have to keep moving forward so we can address this critical issue, 
and blocking the EPA's endangerment finding is a step backward toward 
the failed environmental policies of the past.
  The law on this is clear. The Supreme Court has ruled that the EPA 
has the authority to regulate greenhouse gas emissions. A lengthy 
process

[[Page 10417]]

was conducted to determine this endangerment finding, and the public, 
as well as the business community, has been fully engaged throughout. 
In fact, as has been said, the auto industry opposes this resolution 
because it would put them right back into a state of regulatory 
uncertainty.
  If we look at vehicles alone, the national clean car standards as 
proposed under the Clean Air Act will cut carbon pollution from 
vehicles by 30 percent. In my home State, the transportation sector 
accounts for more than 50 percent of greenhouse gas emissions. And 
increased fuel efficiency standards will save our families money at the 
pump and it will cut demand for oil by an estimated 450 million barrels 
over the life of this program. All of that is threatened by this 
resolution.
  It is especially disappointing to see this on the floor while images 
of oil gushing into the Gulf of Mexico and devastating the local 
environment and economy continue to be shown on every news channel in 
this Nation.
  The resolution we are debating today is going to take us back to the 
failed old policies that have made us more and more dependent on oil. 
If the big oil companies and their lobbyists get their way on this 
vote, our families will continue to spend more on fuel, and it will be 
a lot harder for our economy to make the shift to cleaner and more 
efficient sources of energy.
  The longer we put off dealing with greenhouse gas emissions, the more 
it will cost our economy, our environment, and our health. So I 
strongly oppose this resolution that prioritizes big oil companies over 
our families and our small business owners. I hope that after this, we 
can work together to find real solutions.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico is recognized.
  Mr. UDALL of New Mexico. Mr. President, I thank the Senator from 
Washington for her comments, and I yield myself any remaining time in 
our 30-minute block.
  Today, America faces an energy crisis. The Senate owes the American 
people solutions. But this resolution is an attempt to bury our heads 
in the sand and ignore reality.
  The oilspill in the Gulf of Mexico is only the most visible aspect of 
our energy crisis. The true consequences of our energy policy are 
spread even wider than the spill and the costs, even more deadly.
  First, our dependence on imported oil is a threat to our national 
security. Imported oil fuels dictators and terrorists, and the CIA 
believes climate change will make the world more unstable. If we block 
the clean energy transition with this resolution, we will be forced to 
use an additional 450 million barrels of oil, most of which will be 
imported. Instead, the Senate should reject this resolution and 
recognize that the transition to a clean energy economy is a national 
security priority. Americans want our national security out of the 
quagmire of foreign oil dependency. This resolution puts us in deeper.
  Here at home, this dependence is also a threat to the pocketbooks of 
American families and businesses.
  In 2008, American families and businesses sent $475 billion overseas 
to pay for foreign oil. Last year, we sent over $300 billion overseas. 
By the end of this year, we will have sent over $1 trillion outside the 
U.S. for imported oil in the last 3 years.
  That is a massive transfer of wealth from families in New Mexico and 
the other 49 States to the treasuries of foreign nations.
  If this resolution succeeds, we will import millions more barrels of 
oil and send billions more of our hard-earned money overseas.
  If the Senate fails to act, the administration must take up the 
slack. This resolution would paralyze the Federal Government.
  The administration is already making progress with new vehicle fuel 
efficiency rules, which will save 450 million barrels of oil. This 
resolution would jeopardize that effort, taking us backwards.
  Further administration efforts will improve efficiency at power 
plants and major factories and reduce pollution.
  Small businesses, farmers, and ranchers need not worry. They will not 
be subject to any EPA regulations on greenhouse gases.
  Our dependence on dirty fossil fuels is also a threat to the global 
climate system--the air we breathe and the water we drink--in New 
Mexico and around the world. This resolution specifically rejects the 
EPA's scientific finding, conducted by nonpartisan scientists, that 
greenhouse gas pollution is a threat to public health and to the 
environment. There are no climate scientists in the Senate. This body 
has no business injecting political bias into scientific deliberations. 
The resolution should be rejected for this reason alone.
  It is revealing that this resolution is supported by dozens of 
special interests that have worked for years to discredit strong 
science. The vast majority of the evidence tells us that global warming 
is real. Strong scientific evidence shows that unless we transition to 
clean energy sources, our home States will pay a heavy price.
  Many supporters of this resolution doubt climate science. In 
response, I point to the scientists of Los Alamos National Lab. The 
scientists and supercomputers there keep America's nuclear arsenal 
safe, secure, and reliable. They have no margin for error. Los Alamos 
also runs some of the most sophisticated global climate models used by 
scientists around the United States and the world. These models 
indicate a serious risk to our landscapes and water supplies. Many 
scientific studies in the field confirm those risks.
  In New Mexico, scientific evidence indicates devastating forest 
fires, droughts, and invasive species will be worsened by global 
warming. According to the Nature Conservancy, over 95 percent of New 
Mexico has seen temperature increases due to global warming. Ninety-
three percent of our watersheds have become dried, and snowpack has 
decreased over the last 30 years.
  Making matters worse, this same reliance on fossil fuels pollutes our 
atmosphere with toxic compounds such as sulfur dioxide, soot, and 
mercury, alongside greenhouse gases such as carbon dioxide.
  Luckily, we have numerous cost-effective solutions at hand to address 
the energy and climate crisis. New Mexico and many other States across 
the Nation are rich in much cleaner domestic sources of energy, sources 
such as wind, solar, geothermal, and natural gas.
  Last week, a uranium enrichment plant opened in New Mexico to provide 
emission-free fuel for American nuclear powerplants. Several years ago, 
wind energy was unusual, but now it is increasingly common, especially 
in the American West. Offshore wind has the potential to provide 30 
percent of the east coast's power as well. The United States is now 
installing over a gigawatt of solar power each year. And there are 
another six gigawatts of concentrated solar power projects planned 
nationally, particularly in the Southwest. U.S. natural gas reserves 
have also increased by 35 percent in just 1 year. We now have a 
century's worth of supply. While natural gas is a fossil fuel, it is 
significantly cleaner than either coal or oil, and it is more abundant. 
The clean energy transition does not just mean renewable energy; it 
also means a renewed focus on natural gas and nuclear power.
  Ironically, this resolution would also eliminate the incentive to 
invest in carbon capture technologies which are the future of coal.
  Even worse, this resolution undercuts the push for energy efficiency. 
Without rules to reduce pollution, powerplants lack the right 
incentives to save energy. Both government and industry studies have 
found that the right efficiency investments could save energy and more 
than $1 trillion at the same time. Energy efficiency does not mean 
turning down the heater in the winter or the air-conditioner in the 
summer.
  Mr. President, at its core, this resolution is about delay. The House 
is not going to take up this resolution. The sponsor of this resolution 
knows the President does not support this. There are not the votes. And 
really what is going on here is delay.

[[Page 10418]]

  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.
  Ms. MURKOWSKI. Mr. President, at this time, the 30 minutes under 
Republican control will be allocated as follows: Senator Wicker will 
have 5 minutes; Senator Thune, 10 minutes; Senator Johanns, 5 minutes; 
Senator Kyl, 5 minutes; and Senator Sessions, 5 minutes. Senator Thune 
will lead off this block.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from South Dakota is recognized for 10 minutes.
  Mr. THUNE. Mr. President, I wish to thank the Senator from Alaska for 
her leadership on this issue. This is an important debate to have, and 
I wish to remind my colleagues what this debate is about because I have 
heard lots of discussion on the floor today about how this is somehow 
about the science of climate change.
  This isn't about the science of climate change. Maybe we ought to 
have that debate. Perhaps that is something we should debate, but that 
is not what this debate is about. This debate is also not about some of 
the other issues that have been thrown out here--that this is about big 
oil or this is about the Republicans wanting to delay or protect 
somehow the status quo. That is not what this debate is about. This is 
a very simple, straightforward question. That question is, Do we, the 
U.S. Senate, want to be on the record with regard to the issue of 
whether the EPA ought to move forward and try to regulate 
CO2 emissions under the Clean Air Act or should we wait 
until Congress takes up and deals with that issue?
  What is ironic about what my colleagues on the other side are 
suggesting is that a lot of people have said that Republicans just want 
to delay; they want to delay because they do not believe in the 
science. Well, we don't control the agenda; the Democratic leader 
controls the agenda. They have a climate change bill they could bring 
to the floor and we could debate it. They do not want to do that 
because they don't want to put a lot of their Democrats on record on 
that vote. So what do they do instead? We allow the EPA--a bunch of 
unelected bureaucrats--to move forward and do something that would have 
tremendous consequence to the American economy without hearing from the 
Congress.
  I think that, in a very simple, straightforward manner, is what this 
debate is about. It is about, do we want the EPA to move forward with 
the regulation of greenhouse gas emissions absent direction from the 
Congress--the people's representatives--or do the voices of the people 
need to be heard through the debate we ought to be having here in the 
Congress?
  I will say that irrespective of what you believe about the science 
behind climate change and whether or not human activity is contributing 
to it, one thing we know with great certainty is that it will have 
profound economic impacts on the American economy.
  Mr. KERRY. Will the Senator yield for a question?
  Mr. THUNE. I will yield at the conclusion of my remarks to the 
Senator from Massachusetts, but I have some things to get to before 
that.
  Mr. President, what is important is that everyone acknowledges, 
including the Obama administration, that moving forward with the EPA 
regulating CO2 emissions under the Clean Air Act would cause 
the economy to suffer.
  I want to quote something the Office of Management and Budget put out 
last August in a document. It says:

       Regulating CO2 under the Clean Air Act for the 
     time is likely to have serious economic consequences for 
     regulated entities throughout the U.S. economy, including 
     small businesses and small communities.

  If you look at the impact on small businesses, farms, and ranches, 
the proponents are going to say: Well, the EPA is not intending to 
regulate smaller entities like that; we just want to get the big 
polluters. OK. We start at 100,000 tons. Well, in 2012, we move to 
50,000 tons.
  I would argue--and it is supported by statements made by folks in the 
administration--the EPA Administrator has indicated that by 2016, they 
intend to regulate smaller emitters, if we get to 2016, because what 
will happen is this so-called tailoring rule will get challenged in the 
courts and it will likely get overturned because the Clean Air Act said 
the threshold for regulation is 250 tons.
  At 250 tons, you don't get just the big emitters. You don't get the 
large polluters. You get over 6 million entities, to include farms, 
ranches, small businesses, churches, hospitals, and you can go right 
down the list. That is what happens when you regulate at the 250-ton 
level. As I said, they are saying that is not going to happen, that we 
have this tailoring rule. Well, the law is very clear. If we are going 
to use the Clean Air Act as the authority to do this, the Clean Air Act 
stipulates 250 tons. That captures a whole lot of entities that strike 
at the very heart of the American economy.
  The cap-and-trade legislation that was passed by the House last 
summer has yet to be voted on here in the Senate, but there has been a 
lot of analysis of that done in my State of South Dakota. The public 
utilities commission in my State suggested that, if passed, that would 
increase power rates in States such as South Dakota by 50 percent.
  If you look at what the actual impacts are going to be on small 
businesses across this country--not only because of the cost of the 
original construction permits that would be included in this but also 
operating permits--the Wall Street Journal said in a May 2009 story 
that in 2007 the Clean Air Act cost those who had to apply for permits 
$125,000 per permit and 866 hours to obtain it.
  So whether you subscribe to the notion that this is only going to 
apply to large entities or whether you subscribe, as I do, to the 
belief that this is ultimately going to cover a lot more smaller 
entities that are going to be adversely impacted and deal with much 
higher power rates, I think it is pretty clear that whoever is covered 
by these new regulations is going to be faced with a lot higher costs 
when it comes to permits, a lot higher costs when it comes to the 
implementation of best available technology, and therefore a lot higher 
cost to the American consumer who will deal with the burden of that 
when it is passed on by these various emitting entities.
  My State of South Dakota, of course, is composed of a lot of farmers 
and ranchers. Agriculture is a 45-percent energy-intensive business, if 
you look at the inputs that are necessary to make a living in a farm or 
ranch operation. That means 45 percent of a farmer or rancher's costs 
are going to be increased by this backdoor energy tax imposed by the 
EPA. The fees and fines that are placed upon machinery manufacturers, 
energy companies, and fertilizer companies starting in 2011 and 2012 
will be immediately passed down to the farm and ranch families who are 
going to be impacted by this.
  If the EPA is forced to regulate at the statutory 250-ton threshold--
which, as I said, once this is litigated I believe that is what the 
courts are going to find--farms with as few as 25 dairy cattle would be 
forced to apply for a title 5 permit and pay a fee for each ton of 
greenhouse gases emitted by their cattle: the cow tax. That is what 
this is about. This is not, as I said, about the science of climate 
change. It is not about Republicans wanting to delay. We don't control 
the agenda around here. It is not about big oil. It is about small 
businesses, family farms, and ranches trying to make a living, trying 
to create jobs in the economy and constantly having Washington stand in 
the way and throw new hurdles and impediments and obstacles and 
barriers in their way.
  What the Murkowski resolution does, very simply, is it forces us to 
answer a fundamental question and that is should Congress be acting on 
legislation that would direct these activities or do we allow a bunch 
of unelected bureaucrats at an agency downtown to move forward with 
regulations that would impose massive new costs on the American economy 
at a time when we are trying to create jobs and get this economy on its 
feet. That is the straightforward, simple question put

[[Page 10419]]

forward by the resolution from the Senator from Alaska.
  I hope my colleagues here realize, irrespective of what they think 
about the science of climate change, irrespective of all the other 
arguments that are being used as a distraction here on big oil and 
Republicans delaying this debate, when you get down to the fundamental 
question, that is what the issue is, whether this Senate wants to be on 
record about allowing a bunch of unelected bureaucrats to move forward 
with the regulations that would impose massive new costs on our 
economy, not just on big polluters, large polluters--who, by the way, 
are going to pass those costs on--but directly hitting the small 
businesses, farms, the ranches that are the very backbone of the 
American economy.
  This is not, by the way, just a Republican issue. There are lots of 
Democrats who have weighed in on this and there are lots of Democrats I 
believe here in the Senate today who I hope will be willing to support 
this resolution. But I want to read for you very quickly here, because 
I know my time is running out, a couple of things that have been said 
by Democrats in the House of Representatives. Collin Peterson, a 
Congressman from Minnesota, has said:

       The Clean Air Act was never meant to be used for this but 
     they're trying to do it anyway. . . . Most everyone I've 
     heard from about this thinks that elected officials--not EPA 
     bureaucrats--should decide how to address our energy 
     problems.

  The PRESIDING OFFICER. The time of the Senator has expired.
  Mr. THUNE. John Dingell called this a ``glorious mess,'' if the EPA 
moves forward with this. I have other statements from the Democratic 
Members of the House of Representatives which I will be happy to submit 
for the Record, as well as a letter from a bunch of Representatives in 
my State supporting the Murkowski resolution.
  I yield my time and hope my colleagues will support this resolution.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.
  Ms. MURKOWSKI. Mr. President, at this time I yield 5 minutes to the 
Senator from Nebraska.
  The PRESIDING OFFICER. The Senator from Nebraska is recognized for 5 
minutes.
  Mr. JOHANNS. Mr. President, let me, if I might, start out and say how 
much I appreciated the comments by the Senator from South Dakota. Many 
months ago I did a roundtable with a great company in Nebraska, Nucor 
Steel. Nucor Steel is one of those companies you hope takes a look at 
your State and creates the jobs that they have in your State--and they 
have. They employ about a thousand people. They do everything right. 
They are very pro-America. They are a well-managed company. They are a 
company that pays well. On average across the Nucor system, their wages 
are about $70,000 a year. For that area of any rural State, that is 
huge. That is huge.
  We sat down in this roundtable. As the Senator from South Dakota 
points out, the impact on our businesses--the first thing I asked the 
folks of Nucor Steel, I said to them, Where is your competition? Who 
are you competing with?
  They said: The Chinese.
  I said: The Chinese?
  They said: Absolutely. When we go out and fight for a contract to 
keep these people employed, we are fighting with the Chinese.
  I said: Let me ask you, talk to me about the impact of all of this 
legislation and various proposals on climate change on your company and 
that competitive relationship.
  They were very blunt and straightforward. They said: Very simply, 
Mike, here is what happens. We go in a situation where we cannot 
compete. Already, this is a very tough business. If you pile onto us 
these additional requirements, we are in trouble immediately.
  Here is what I want to say about the Murkowski amendment, to get 
started here today. I respect the Senator from Alaska for bringing this 
forward because this is the kind of debate we should be having on this 
very important issue on the Senate floor and on the House floor. This 
should not be a situation where we have relegated or allowed the 
responsibility to be taken over by bureaucrats here in Washington, DC.
  I rise today to offer my support for Senator Murkowski's resolution 
of disapproval. At the end of last year, as we all know, EPA announced 
that greenhouse gas emissions would be regulated under the Clean Air 
Act. But Congress never designed the law to do that. Yet this 
administration seems absolutely bent on this overreaching, regardless 
of, congressional intent. That is why I am one of the cosponsors on 
this resolution.
  The resolution is very simply our way of saying, here in Congress, 
the Clean Air Act was never designed to allow you, the EPA, to regulate 
greenhouse gases. This endangerment finding is simply bad for 
everybody. It is bad for Nucor Steel, it is bad for business, and it is 
bad for every American out there who flips on a light switch.
  EPA tells us over 6 million entities will be captured by these new 
permitting requirements. Who are they? They are commercial buildings, 
they are hospitals, they are ethanol plants. You can keep naming 
business after business that will get caught up in this. Thousands of 
business owners would now have to go to the EPA if they plan to expand 
through new construction or modifications. One Nebraska manufacturer 
recently wrote to me, concerned with this very stark reality, and said: 
``These regulations will certainly influence our future decisionmaking 
regarding acquisitions, expansions, and new plants.''
  So at a time where our economy is struggling, where everybody is 
trying to figure out the best pathway to create jobs----
  The PRESIDING OFFICER. The time of the Senator has expired. The 
Senator's 5 minutes has expired.
  Mr. JOHANNS. Let me wrap up and ask my colleagues to support this 
very important effort by Senator Murkowski.
  The PRESIDING OFFICER. The Senator from Alabama is recognized for 5 
minutes.
  Mr. SESSIONS. Mr. President, I want to first say how much I support 
the Murkowski resolution, and I will be voting for it. But I want to 
point out, as ranking Republican on the Judiciary Committee, how it is 
we got into this circumstance and why it is not justified. Why it 
should never have happened, and why it is a product of the worst kind 
of judicial activism. And finally, why we need to see how we can work 
our way out of it.
  In 1970, the Congress passed the Clean Air Act, and they allowed EPA 
to regulate pollutants. Rather than try to specifically define 
pollutants, they said it would be defined by the Director of the EPA, 
and he would have that decision-making authority. That is the way it 
was for many years.
  Then years went by and people began to talk about global warming. 
Global warming developed a certain momentum and a number of scientists 
signed onto this idea. Even though CO2 is a plant food and 
the more CO2 that is in the atmosphere the better plants 
grow. And even though we breathe out CO2 and plants breathe 
in CO2 which produces the oxygen that we breathe in this 
wonderful system that we are a part of. They concluded that 
CO2 was increasing because we were taking carbon fuels 
mostly from our soils, burning it, and that was increasing the 
percentage of CO2 in the atmosphere. Presumably it had at 
one time been in the atmosphere and had been sucked up by plants.
  So this argument arose that it would create global warming. In 1997 
Congress had a vote on the Kyoto accord, to deal with whether we wanted 
to take these firm, aggressive steps to reduce CO2. By a 
vote of 97 to 0 we voted not to do that. We were not prepared to do 
that.
  Someone filed a lawsuit. In 2007, it came before the U.S. Supreme 
Court. The Supreme Court was asked to decide on the prohibition of air 
pollutants, which passed in 1970 when nobody was thinking about global 
warming, instead they were thinking about particulate matter, 
NOX and SOX, acid rain, and those kinds of 
pollutants that go

[[Page 10420]]

into the atmosphere. The question was, did that word ``pollutant'' 
include CO2?
  To me, a responsible court would have said Congress had all these 
years to pass a law and specifically add CO2 as a pollutant 
if they wanted to. In fact, we have amended the law and never added it. 
They would have asked, Is this a big economic issue we are deciding? It 
is a huge economic issue, because it would give the Environmental 
Protection Agency the right to regulate every single emission of 
CO2--every automobile, every factory, every home, every 
hospital, every steel mill; everybody who emits CO2 would be 
under the regulation of the EPA.
  They voted and by a 5-to-4 margin the Supreme Court of the United 
States just declared--just by dictate declared--that Congress intended 
to cover CO2 when they passed the Clean Air Act of 1970.
  It is a stunning thing. It is a huge activist decision. In my 
opinion, it shows how dangerous judges are who are not committed to 
restraint and responsible action--how dangerous it can be when you give 
them the power to pass something Congress would not have passed. They 
didn't pass it then. And in my opinion, they would not pass it today. 
But the Supreme Court said so.
  I support the Murkowski resolution.
  The PRESIDING OFFICER. The time of the Senator has expired.
  The Senator from Arizona is recognized for 5 minutes.
  The PRESIDING OFFICER. The Senator from Arizona is recognized for 5 
minutes.
  Mr. KYL. Mr. President, I too support strongly the Murkowski 
amendment. There has been a lot of misinformation spread about this. 
Let me clear up a couple of things. First, this resolution is not about 
the science of climate change. It has nothing to do whatsoever with 
greenhouse gases or the Earth's temperature.
  It would not prevent the Senate from considering climate legislation 
if that is what the Senate chooses to do. Nor does this resolution have 
anything to do with the spill in the gulf coast, although some have 
tried to make it appear that way. Let's remember this resolution was 
introduced months before that spill even began. It has nothing to do 
with the disaster. We should not exploit this serious crisis for 
political gain, as the White House has tried to do.
  So what is the resolution about? Well, it boils down to a simple 
question: Should the Environmental Protection Agency be allowed to act 
unilaterally to set climate and energy policy through new Clean Air Act 
regulations without the delegation or approval of Congress. And the 
answer is no. It is wrong for the administration to try to achieve its 
goals by any means possible, in this case by going around the 
legislative branch and by using the EPA to enact sweeping economic and 
energy regulation.
  In order to stop that, we need to approve this resolution. Let me 
provide a bit of context for how we got to this point. In December of 
2009, the EPA finalized so-called endangerment findings for six 
greenhouse gases, allowing it to establish greenhouse gas emission 
standards for a few new motor vehicles.
  Once those standards go into effect, under the law EPA has no choice 
but to follow through and issue regulations for stationary sources of 
greenhouse gas emissions. In fact, the EPA has estimated that about 6 
million of these stationary sources: buildings, and facilities, 
including hospitals, nursing homes, schools, farms, and so on, will be 
subject to regulation.
  There will also be a new regulation of homes and RVs and cars and 
tractors and so on. The new regulation will touch every corner of our 
economy and necessarily lead to higher energy costs, increasing the 
cost of nearly everything, and in the process killing jobs.
  President Obama himself said that under the plan he favors, 
electricity prices ``would necessarily skyrocket.'' Well, the Murkowski 
disapproval resolution would nullify the legal effect and force of the 
EPA's endangerment finding. It would prevent the EPA from using the 
Clean Air Act to set up a regulatory regime to impose backdoor climate 
regulations that would lead to a job-killing national energy tax.
  Americans have made it very clear that they do not like the idea of 
legislation that will increase their energy bills and raise their 
taxes. They want Congress and the administration to focus on 
strengthening the economy and providing incentives to job creators 
rather than burdening them with new regulations. They deserve to be 
heard. If they say through their representatives they do not want a 
national energy tax in the form of cap-and-trade legislation to pass 
Congress, then the administration should not be able to circumvent 
their will by simply having the EPA do it.
  This is a clear up-or-down vote to stop a power grab by unelected 
officials at the Environmental Protection Agency, and to force any 
climate and energy regulation to go through a democratic process 
conducted by Congress.
  I urge my colleagues to support the Murkowski resolution.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.
  Ms. MURKOWSKI. Mr. President, under the unanimous consent agreement, 
we had reserved 5 minutes for Senator Wicker, but I am to going to 
yield those 5 minutes to Senator Hutchison.
  The PRESIDING OFFICER. The Senator from Texas is recognized for 5 
minutes.
  Mrs. HUTCHISON. I thank the Senator from Alaska for her great 
leadership in bringing this to the floor. I support this resolution. 
While cap-and-trade legislation has stalled in the Senate, the 
administration is pursuing a backdoor approach to implement new 
regulations. The EPA's use of the Clean Air Act as a vehicle to expand 
its authority is a political maneuver that will allow the agency to 
bypass Congress and regulate greenhouse gases.
  This is the prerogative of Congress and Congress has not acted 
because it would be a mistake to act. So here comes the regulatory 
agency to bypass Congress because they cannot get congressional 
approval to do what they are trying to do.
  This vote has nothing to do with the oilspill in the Gulf of Mexico. 
It is unfortunate that some are trying to use this tragedy in the Gulf 
of Mexico as some sort of leverage against this resolution. We all 
agree that we need a responsible energy policy that strikes a critical 
balance between the protection of our environment, natural resources, 
and the preservation of American jobs. It is the responsibility of 
Congress to implement such a balanced policy.
  It is also the responsibility of Congress to consider the economic 
impact that regulations will have on Americans throughout our country. 
Here is how these regulations will affect my home State of Texas. In 
Texas, more than 30,000 businesses will be in industries that will now 
be newly subject to the EPA regulations.
  Texas' agriculture industry, which accounts for $106 billion, or 9.5 
percent of Texas' total gross State product, would be 
disproportionately damaged by the proposed regulations because of their 
use of fertilizers which are already regulated.
  Across the country, small businesses, which are the backbone of our 
economy, and farmers and ranchers, which are the backbone of our 
economy, will be devastated by these regulations. According to the U.S. 
Small Business Administration's Office of Advocacy, the smallest 
businesses bear a 45-percent greater burden than their larger 
competitors.
  The annual cost per employee for firms with fewer than 20 employees 
is over $7,000 to comply with their regulatory burden. Actions from the 
EPA are going to give foreign competitors an advantage over American 
businesses. While our businesses will become burdened with these new 
regulations, companies in China and India will have free rein in U.S. 
markets.
  As our economy begins to recover, the last thing families and small 
businesses need is a backdoor energy tax that is going to raise their 
costs across the board. Rather than imposing invasive regulations, we 
need a responsible energy policy that focuses on making alternative 
sources of energy, such as nuclear, wind, and solar commercially 
available. We all agree on

[[Page 10421]]

that. That would be a balanced approach to an energy policy, which is 
what elected representatives should be making.
  This vote is to prevent a federal bureaucracy from doing the work of 
the elected representatives of the people. I am alarmed by this further 
attempt of the administration to circumvent congressional authority. I 
am sorry to say but this is becoming a hallmark of this administration, 
more regulation. And if Congress does not agree, let the agencies do 
it.
  I am dealing in the Commerce Committee right now with the FCC that is 
doing exactly the same thing. They are going to impose net neutrality 
rules when Congress has not authorized the regulation of the Internet 
in that way. It is a pattern that is beginning to show itself and it is 
wrong for our country.
  I am going to stand strong against cap and trade. I will certainly 
oppose the audacious attempt by this administration to bypass Congress 
and implement new regulations without the authority of Congress.
  As a solution to climate change, we need to work together to promote 
the use of clean and renewable sources of energy. We need to work on 
creating jobs, not tax small business to keep us from being able to 
create the new jobs.
  It is important that we work together. We are the elected 
representatives of the people. The EPA is not. And this is overreach. 
If we do not stop it, who will? Who will stop bureaucracy and agencies 
that are not authorized by Congress to take on more and more regulatory 
responsibility that is not theirs, and that is going to cost jobs in 
our country?
  The PRESIDING OFFICER. The Senator's time has expired.
  Mrs. HUTCHISON. The growth of government is breathtaking in this 
country. I urge my colleagues to think about this and support the 
Murkowski resolution.
  I yield the floor.
  Ms. MURKOWSKI. Mr. President, has all time expired?
  The PRESIDING OFFICER. All time has expired.
  The Senator from California.
  Mrs. BOXER. Mr. President, I yield 15 minutes to Senator Kerry.
  The PRESIDING OFFICER. The Senator from Massachusetts is recognized 
for 15 minutes.
  Mr. KERRY. Mr. President, we have heard the arguments on both sides 
of this debate. But for all the discussion and all the rhetoric, the 
choice before us is really stark and simple. This is a vote and choice 
between recognizing the greatest environmental risk of our time or 
legitimizing the deniers. It is a choice between protecting the health 
of our families and the air we breathe or continuing a pattern of 
pollution that threatens our children and our communities. It is a 
choice between getting serious about policies that will put America on 
a real path to energy independence or increasing our Nation's oil 
dependency by 450 million barrels.
  The stakes for our country are enormous. And if you have any doubt 
about that, any doubt at all, look no further than what is happening in 
the Gulf of Mexico even as we debate this choice. Every hour on our 
television screens we are watching another tragic and costly reminder 
of the hazards of our oil addiction, all that from only a single 
accident at a single offshore oil well.
  In April 2007, the Supreme Court for the first time issued a ruling 
on the issue of climate change. The Roberts Court was asked to consider 
the Bush administration's refusal to issue greenhouse gas standards for 
cars and trucks. The case hinged on two key issues: (1) does the Clean 
Air Act authorize regulation of greenhouse gases and (2) if so, should 
EPA set emissions standards for motor vehicles. The decision by the 
majority in the landmark Massachusetts v. EPA case was conclusive on 
both fronts. The justices determined that ``the harms associated with 
climate change are serious and well recognized,'' and they firmly and 
positively identified greenhouse gas emissions as the cause of those 
harms. In light of that assessment, they found that greenhouse gases 
``fit well within the Clean Air Act's capacious definition of `air 
pollutant.''' In light of that, the justices directed EPA to fulfill 
its obligation under the Clean Air Act to determine, based on 
scientific evidence alone, whether greenhouse gas emissions from cars 
and trucks pose a threat to human health or welfare. This 
``endangerment finding'' was finalized in December of last year.
  The resolution under consideration today, S.J. Res. 26, seeks to 
overturn this finding and permanently prohibit EPA from ever issuing a 
similar determination, regardless of the strength of the science and 
the urgency of action.
  This resolution is not based in substance or in fact. We know that 
the threats of climate change are widespread, compelling and urgent.
  In fact, on May 19, the National Research Council, our Nation's 
leading scientific body, declared in its most comprehensive study to 
date that the evidence of climate change is ``overwhelming.'' They 
urged ``early, aggressive, and concerted actions to reduce emissions of 
greenhouse gases.''
  However, the resolution we are debating today would achieve precisely 
the opposite goal. We are being asked to literally vote down the 
science, squander billions of barrels of oil savings, and shirk our 
responsibility to address the greatest energy, national security, and 
environmental challenge of our time.
  By invalidating the scientific finding that greenhouse gases pose a 
threat to human health and welfare, this resolution would remove the 
legal basis for the landmark agreement that was reached last year to 
regulate greenhouse gas emissions from cars and trucks. According to 
the Union of Concerned Scientists, this agreement is on track to save 
American consumers a total of $34 billion and create 263,000 American 
jobs in 2020. This agreement also takes a tremendous step toward energy 
independence by reducing our oil consumption by 1.8 billion barrels. By 
removing EPA's authority to jointly implement these regulations with 
the Department of Transportation, this resolution comes at the very 
steep cost of 450 million barrels, almost one quarter of these oil 
savings.
  And, that is just the minimum amount by which this dangerous 
resolution will increase our oil dependence. In light of President 
Obama's recent announcement that the administration plans to extend the 
vehicles standards beyond 2016, the prohibition on EPA action will 
eliminate significant additional opportunities in the future to reduce 
our Nation's oil consumption, increase our energy security, and draw a 
bright line between ourselves and those nations that would do us harm.
  So why are we being asked to affirmatively reject a scientific 
finding based on ``overwhelming evidence'' and potentially billions of 
barrels of oil savings? Congress, we are told, needs more time to 
develop energy and climate legislation and the Federal Government must 
be stopped from making any progress in the interim.
  As someone has been meeting with my colleagues now for over a year, 
sitting down with all the stakeholders, I am struck by the irony that 
many of the proponents of this argument are the very same people who at 
every opportunity have avoided engaging in a serious legislative effort 
to tackle these issues. On the one hand, they say it is a job for 
Congress not the EPA, then they stand in the way of Congress doing the 
job in the first place. And they stand in the way even at a time when 
we have brought together an unprecedented coalition of industry and 
environmental support for action in this Congress. If you do not want 
the EPA to act, but you will not let Congress lead, when are we going 
to solve this challenge?
  Here is how Ron Brownstein, one of the keenest observers of 
Washington, summed it up: ``It's reasonable to argue that Congress, not 
EPA, should decide how to regulate carbon. But most of those Senators 
who endorsed Murkowski's resolution also oppose the most plausible 
remaining vehicle for legislating carbon limits: The comprehensive 
energy plan that Senators John Kerry, D-Mass., and Joe Lieberman, ID-
Conn., recently released. Together, those twin positions effectively 
amount to a vote for the energy status quo.''

[[Page 10422]]

  Let's not kid ourselves. The Senate has never solved a problem by 
delaying. And on the issue of climate change, we have delayed action 
too long, for two decades we have stood still. We have stood still 
while other countries race ahead, while we lose market share in a 
global market, and while China and India create jobs and profits racing 
ahead with technology that Americans invented.
  Mike Splinter, the CEO of Applied Materials, crystallized our choice 
in his May 25 op-ed. He said, ``Our failure to act has consequences. 
Ten years ago, the U.S. accounted for 40 percent of worldwide solar 
manufacturing. Today that figure is less than 10 percent. Meanwhile, 
China has gone from producing five percent of the world's solar panels 
in 2007 to nearly half last year . . . Over the next five years, China, 
India and Japan will out-invest the US in energy technology by at least 
three-to-one.''
  And still here we are debating the science itself, still distracted 
by campaigns to foster the idea that climate change was ``theory rather 
than fact.'' That is the same campaign the tobacco industry waged for 
decades, arguing that the link between cigarettes and lung cancer was 
``theory rather than fact.''
  Well, you can delay the inevitable only so long. If you put science 
on trial, as they did in the famous Scopes Monkey trial in 1925, the 
truth will win out. And I will tell you the science on climate change 
is more definitive than ever and more troubling than ever.
  Globally, temperatures are at an all-time high, with the first decade 
of this century conclusively establishing as the hottest decade on 
record. Man-made pollution is acidifying our oceans at a rate at least 
10 times faster than previously thought, creating inhospitable physical 
conditions for shell-building animals that serve as the basis of our 
ocean food chain. Sea level rise is threatening cities like Boston, 
where city officials are actively planning for how to manage 100-year 
floods that are now becoming 20-year floods, in the face of global sea 
level rise of three to six feet by 2100. Worsening drought conditions 
will create persistent drought in the Southwest and sharply increase 
Western wildfire burn area. And the National Academy of Sciences has 
confirmed that these damages may be irreversible for 1,000 years.
  Those who say we are not ready, we need more time, miss the fact that 
we know what we have to do and we know how to do it in a way that makes 
economic sense. We have debated bipartisan energy and climate 
legislation in the Senate for years, beginning in earnest with the 
McCain-Lieberman bill of 2005. The House of Representatives passed a 
comprehensive energy and climate bill nearly 1 year ago, and the Senate 
Environment and Public Works Committee reported out a similar bill last 
fall. Over the last several months, Senator Lieberman and I, with the 
help of Senator Graham, built on these efforts to develop the American 
Power Act.
  Our legislation adopts the formula originally developed by 
Republicans and implemented by President George H.W. Bush, that 
environmental goals should be achieved at the lowest possible cost to 
American consumers and businesses. In fact, the nonpartisan Peterson 
Institute for International Economics just completed the first 
independent analysis of the American Power Act, and found that the bill 
would generate a decade of multimillion-dollar investments, creating 
200,000 new jobs a year and reducing foreign oil imports by 40 percent. 
The study also says that because of the strong consumer protection 
provisions in the bill, American families will see a $35 net decrease 
in energy costs annually through 2030.
  The Senate can and must take action this year, and the American Power 
Act provides the foundation for getting the job done. I urge my 
colleagues who recognize the threats caused by our oil dependence to 
close the gap between words and action and join us in passing a bill 
this year. We have collectively kicked the can down the road long 
enough, and the Nation is less secure as a result. It is time to stand 
with 75 percent of the American people and pass energy and climate 
legislation that makes a meaningful and lasting difference.
  Before I yield the floor, I would like to make one final point. While 
many members have come to the floor today to eviscerate the EPA and 
create a caricature, the reality is that the Agency is taking a 
thoughtful, measured, step-wise approach to regulating greenhouse gas 
emissions. Administrator Jackson has logically committed to addressing 
the largest sources first: new power plants or factories that emit over 
100,000 tons of greenhouse gas emissions, or existing plants that 
undergo significant expansions representing over 75,000 tons, and they 
won't go into effect until over a year from now. Contrary to the wild 
claims you have heard today, these regulations will not impact small 
businesses or family farmers, and will remain focused on only the 
largest polluters for at least the next 6 years.
  Mr. President, protecting our environment does not have to be a 
partisan issue. On the first Earth Day in 1970, more than 20 million 
Americans, Republicans, Democrats, Independents, all turned out to 
protest the pollution of our environment. And later that year, 
President Nixon signed the EPA law because Republicans recognized as 
much as Democrats that we had to put an end to rivers catching on fire, 
Great Lakes dying, and air pollution so great that on some days here in 
Washington you could barely see the Capitol from Arlington Cemetery.
  It has been 40 years since we put the EPA in charge of cleaning up 
our water and air, and its track record is indisputable. Russell Train, 
the EPA Administrator during the Nixon and Ford administrations, 
emphasized in a recent letter opposing the Murkowski resolution that 
the economic benefits of the Clean Air Act have exceeded its costs 10 
to 100-fold. But the resolution under consideration today would stop 
the EPA in its tracks, without any sort of alternative plan for 
addressing the greatest environmental threat of our time. Let's stop 
the demonizing and get to work.
  Today we should be debating how to craft comprehensive energy and 
climate legislation, not how to reverse the important progress that is 
underway. This amendment is a distraction. It is an excuse. It is time 
for the Senate to do what this institution was meant to do, and provide 
leadership on an issue that is crying out for it.
  I have been listening carefully to a whole bunch of our colleagues on 
the other side of the aisle come to the floor and talk about what this 
is not about. Every single one of them has laid out a rationale for 
doing away with something as if it were a regulation. They come to the 
floor and, frankly, there have been very few facts here, because I keep 
hearing about the tailoring rule of the EPA, that does not take effect 
until 2016, which lays out a whole process by which we normally do 
things.
  But we keep hearing our folks on the other side of the aisle say this 
is not something that Congress intended, or this is not something we 
should leave to the bureaucracy. Neither could be further from the 
truth.
  We created the law on which this is based. The Congress passed the 
Clean Air Act, and the Supreme Court of the United States, not a 
bureaucracy, made a fundamental health finding decision that, in fact, 
global climate change is happening, and that the pollutants of 
greenhouse gases are, in fact, included in what the Clean Air Act 
envisioned.
  The Supreme Court has dictated this policy, and they dictated it as a 
matter of health, not as a matter of some bureaucratic rule. We do not 
have a rule in front of us right now. We have a process by which the 
EPA is going to go through, determine what they may or may not do.
  I heard my colleague from South Dakota come to the floor and say: 
Well, all we are trying to do is delay this so Congress can act. This 
is going to be the great hypocrisy test resolution. We are going to see 
how many of those folks who are here on the floor saying: We need to 
leave it to Congress, how many of them are actually going to

[[Page 10423]]

show up and vote to do what we need to do in order to change things. 
How many of them are going to be on the front lines trying to, in fact, 
make the things happen that have to happen in order to restrain 
greenhouse gases?
  We heard him say: We are just delaying this. No, they are not just 
delaying it. That is not true. Because under the Administrative rule 
act, when you reject a resolution, have a resolution of rejection, as 
this is, you are specifically not allowed to come back with the rule or 
anything like it.
  Let me read specifically from there. It says:

       A rule shall not take effect if the Congress enacts a joint 
     resolution of disapproval.

  That is what this is.

       (2) A rule that does not take effect under paragraph 1 may 
     not be reissued in substantially the same form, and the new 
     rule that is substantially the same as such rule may not be 
     issued.

  There it is, plain and simple, folks. That is what is happening here. 
This is an effort to permanently prevent the EPA from ever taking up 
the question of greenhouse gases and their right to restrain them.
  Let me read exactly what the Supreme Court said. This is the Supreme 
Court. And let me put a little politics history behind this. In 1999, 
under the Bush administration, the first Bush administration, they did 
not want to do this, for all of the same reasons people do not want to 
do it now. So people went to court to get them to do what they are 
supposed to do in the public interest. But it was challenged. It went 
all the way to the Supreme Court, and here is what the Supreme Court of 
the United States said. Greenhouse gases ``fit well within the Clean 
Air Act's capacious definition of air pollutant.''
  So the Supreme Court of the United States, not a bureaucracy, found 
that the intent of Congress was properly being fulfilled in the effort 
to restrain greenhouse gases. What Senator Murkowski and colleagues are 
trying to do here is undermine the health finding. This, in fact, is 
represented by the Supreme Court.
  The Court found that climate science has already indicated that 
rising levels of greenhouse gases were warming and harming the Earth. 
They go through that reasoning. The Court then said they reviewed the 
history of the Clean Air Act and found that in 1970, Congress added a 
broad definition of ``welfare,'' including ``effects on climate.''
  Finally, the Court found that the Clean Air Act's sweeping definition 
of ``air pollutant'' unambiguously includes greenhouse gases. That is 
why we are here today.
  What our colleagues are trying to do is prevent this from happening. 
They are repealing an entire health finding.
  It is kind of interesting. Look at the people who represent health in 
the United States: the American Academy of Pediatrics, Children's 
Environmental Health Network, American Nurses Association, American 
Lung Association, American Public Health Association, National 
Association of County and City Health Officials, Trust for America's 
Health, Physicians for Social Responsibility, National Environment 
Health Association, American College of Preventative Medicine, and on 
it goes. All of them are opposed to what Senator Murkowski is doing 
because it does not represent the health interests of the country.
  We have heard a lot of arguments, but for all the discussion and 
rhetoric, the choice before us is stark and simple. This is not a 
simple delay. This is brought to us by some of the same people who have 
resisted doing anything about many of these things for ages. Why is it 
that the United States is more dependent today on foreign oil than we 
were before September 11? It is because we haven't done anything to 
reduce our dependence on foreign oil. We have an opportunity to do it 
now. This is about that.
  The same people have resisted changes through the years--resisted 
CAFE standards, resisted changing where and how we produce oil, a long 
list of things that have been prevented from happening. The American 
people today are paying $100 million a day to Ahmadinejad and Iran in 
order to buy oil because we haven't reduced it.
  The option is whether we are going to get serious about those other 
things. This is a vote between whether we recognize the greatest 
environmental risk of our time or whether we legitimize deniers of 
that. It is a choice between protecting the health of our families and 
the air we breathe or whether we continue a pattern of pollution that 
threatens our children and communities. That is what the EPA was set up 
to protect. It has protected that through the years. This is a question 
of whether we are going to get serious about policies that will put 
America on a path to energy independence or increase our Nation's oil 
dependence by another 450 million barrels.
  The stakes for our country are enormous. If Members have any doubt 
about that, every day on television everybody is seeing what is 
happening in the gulf, the result of one single accident, one single 
offshore oil well.
  In April of 2007, the Supreme Court, for the first time, issued a 
ruling on the issue of climate change. Some people don't like it. The 
Roberts Court was asked to consider the Bush administration's refusal 
to issue greenhouse gas standards for cars and trucks. The case hinged 
on just two things: Does the Clean Air Act authorize the regulation of 
greenhouse gases, and, if so, should the EPA set emission standards for 
motor vehicles?
  The decision by the majority was conclusive on both fronts. In light 
of that, the Justices directed the EPA to fulfill its obligation under 
the Clean Air Act to determine--I emphasize--based on scientific 
evidence whether greenhouse gas emissions for cars and trucks pose a 
threat to human health.
  On May 19, the National Research Council, which is our Nation's 
leading scientific body, declared in its most comprehensive study to 
date that the evidence of climate change is overwhelming. They urged 
early, aggressive, and concerted actions to reduce emissions of 
greenhouse gases. The resolution we are debating today would achieve 
absolutely the opposite goal. We are being asked to vote down the 
science, to squander billions of barrels of oil savings, and shirk our 
responsibility to address the greatest national security and 
environmental challenge of our time.
  Some may say, no; they are just trying to restrict the bureaucrats 
from doing this. Everybody understands what this battle is all about. 
By invalidating the fundamental scientific finding that greenhouse 
gases, in fact, pose a threat to human health and welfare, this 
resolution would remove the legal basis, the legal foundation for the 
agreement that was reached last year to regulate greenhouse gas 
emissions from cars and trucks.
  According to the Union of Concerned Scientists, this agreement, the 
agreement to which I am referring, is on track to save American 
consumers a total of $34 billion and to create 263,000 American jobs in 
2020. The agreement also takes a huge step forward toward energy 
independence by reducing our oil consumption by 1.8 billion barrels. If 
we remove the EPA's authority to jointly implement those regulations 
with the Department of Transportation, then we lose the foundation for 
proceeding forward with that benefit. That is the minimum amount by 
which this resolution would increase our oil dependence.
  In light of President Obama's recent announcement that the 
administration plans to extend the vehicle standards beyond 2016, the 
prohibition on the EPA action would eliminate significant additional 
opportunities in the future to reduce our Nation's oil consumption, 
increase our energy security, and draw a bright line between ourselves 
and those nations that want to do us harm.
  Why are we being asked to affirmatively reject a scientific finding 
that has been based on overwhelming evidence, and why would we be asked 
to reject potentially billions of barrels of oil savings? We are told 
Congress needs more time to develop energy and climate legislation. The 
Federal Government has to be stopped from making progress in the 
interim.
  I have been meeting with my colleagues now for over a year at least, 
over 20 years that I have been working

[[Page 10424]]

on this issue. The distinguished chairwoman of the Environment and 
Public Works Committee, similarly, and others, have been at this for a 
long time. I am struck by the irony that many of the proponents of this 
argument are the very same people who, at every opportunity, have 
avoided engaging in a serious legislative effort to try to reduce 
greenhouse gas emissions or deal with climate change.
  On the one hand they say it is the job of Congress, not the EPA. Then 
they stand in the way of Congress doing its job in the first place. 
They stand in the way even at a time when we have built an 
unprecedented coalition of industry--the faith-based community, the 
national security community, businesses small and large, 
environmentalists, all of whom believe we now have a method by which we 
can grow jobs in our country, increase energy independence, and reduce 
pollution all at the same time.
  Let me share with colleagues what Ron Brownstein, one of the keenest 
observers of Washington, summed up in writing the following:

       It's reasonable to argue that Congress, not EPA, should 
     decide how to regulate carbon. But most of those Senators who 
     endorsed Murkowski's resolution also opposed the most 
     plausible remaining vehicle for legislating carbon limits.

  I want to make sure we understand something as we do this. A lot of 
people have come to the Senate floor to eviscerate the EPA and create a 
caricature of that Agency, when that Agency, frankly, is taking a 
thoughtful, measured, stepwise approach to regulate greenhouse gas 
emissions.
  Administrator Jackson has said she is committed to addressing the 
largest sources first, new powerplants or factories emitting more than 
100,000 tons of greenhouse gas emissions, and then going to those over 
75,000 tons. None of that will even go into effect until a year from 
now through the normal administrative public process that we have set 
up for our agencies to represent us.
  It is astonishing to me that this has become a partisan issue. In 
1970, 20 million Americans came out of their homes to march in the 
streets because they saw the Cuyahoga River in Ohio light on fire. They 
wanted to stop the pollution. We passed the Clean Air Act, Clean Water 
Act, Safe Drinking Water Act, marine mammal protection, coastal zone 
management. The history of the implementation of those acts has been to 
clean up rivers, clean up lakes, and see fish swim again where they 
didn't, to be caught again by kids who go fishing with their parents. 
We brought that back. Now we are trying to undermine the ability to 
continue that job, to make the health and welfare of our citizens 
better, and to lead the world with respect to these technologies. The 
United States is not leading in one of these technologies today. It is 
time for us to understand, we need to get our act together.
  The PRESIDING OFFICER. The Senator from California is recognized.
  Mrs. BOXER. Mr. President, I thank Senator Kerry. We now turn to 
Senator Lieberman for 5 minutes, followed by Senator Merkley for 5 
minutes.
  The PRESIDING OFFICER. The Senator from Connecticut is recognized for 
5 minutes.
  Mr. LIEBERMAN. Mr. President, I thank Senator Boxer for her 
leadership in this matter.
  I rise to oppose the resolution offered by my friend from Alaska, and 
she is my friend. I rise to say that I think, though I oppose the 
resolution, that debate on the resolution has clarified the choices 
Members of the Senate have on this matter. I think it has illuminated 
the scientific consensus, and in the end, the defeat of this 
resolution, which I hope for and support, will actually increase 
momentum to adopt comprehensive energy and climate legislation this 
year which is the real alternative to executive action by EPA next 
January.
  I know several of my colleagues have argued today that this 
resolution is about stopping EPA from regulating greenhouse gas 
emissions and preserving that role for Congress. But the resolution 
does, of course, much more than just offer an opinion about who should 
regulate greenhouse gas emissions. It rejects EPA's finding that ``six 
greenhouse gases taken in combination endanger both the public health 
and the public welfare of current and future generations'' of 
Americans. It would also prevent EPA from reaching a similar conclusion 
in the future.
  To me, that means this resolution looks an awful lot like an attempt 
to impose political judgments on scientific judgments. That is wrong.
  There has been a lot of talk over the years of basing what we do on 
sound science. This resolution would lead us in exactly the opposite 
direction. Should the resolution become law, Congress would in effect 
be saying EPA was wrong when it reached its conclusion that global 
warming emissions harmed public health. Since that finding was the 
basis for EPA's tailpipe emissions standards, the Murkowski resolution 
would send EPA back to the drawing board on those rules, which are 
broadly supported by the business and environmental communities and 
significantly increase both our dependence on foreign oil and air 
pollution.
  Regardless of whether my colleagues believe Congress or the EPA 
should determine our national strategy for addressing the threat of 
global warming, I hope they can agree that unchecked carbon dioxide 
emissions endanger human health and welfare. Frankly, I thought that 
debate was over. Climate change is happening. The science is 
convincing. The current pattern of energy consumption is just making a 
bad problem worse. It is time to move past the debate about climate 
science and engage in an honest, productive, bipartisan conversation 
about what we can do as a nation, as a people privileged to be leaders 
of this Nation, to combat the problem, the challenge that science tells 
us is happening.
  The solution we come up with can and will create good jobs. It can 
and will ensure our role as a leader in the global clean energy 
economy. It can and will safeguard our national security by 
safeguarding our energy security. Last month, Senator Kerry and I 
presented the American Power Act, which I think achieves all of those 
goals I have stated and more. It is the product of months of 
discussions with Republicans and Democrats, the business community, and 
the environmental community. Together I think we came up with an 
innovative approach to addressing both our energy and climate 
challenges. It enjoys broader support than any similar proposal I have 
ever been involved in from the business and environmental communities. 
It is a coming together of the work of the Environment and Public Works 
Committee under Chairman Boxer and the Energy Committee under Chairman 
Bingaman.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. LIEBERMAN. I would say, finally, there is a path forward that 
allows Congress to act but does not reject the science of climate 
change. That path forward is a ``no'' vote on the resolution and a 
``yes'' vote on comprehensive energy and climate legislation like the 
American Power Act.
  I thank the Chair and yield the floor.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, before we hear from Senator Merkley, I 
want to note that immediately following him, Senator Bingaman will have 
5 minutes.
  The PRESIDING OFFICER. The Senator from Oregon is recognized for 5 
minutes.
  Mr. MERKLEY. Mr. President, today I rise in opposition to the 
resolution before us from my colleague from Alaska.
  Since 1970, the Environmental Protection Agency has been charged with 
responding to and identifying threats to our atmosphere, threats that 
affect public health, threats that affect weather, threats that affect 
climate.
  During this time, the EPA has identified and responded to many 
threats: sulfur dioxide; nitrogen dioxide; mercury, a potent 
neurotoxin; lead, lead that was poisoning the air our children breathed 
and affecting their mental development. In each of these cases, we had 
a force that said: We must respond.
  Now, today, we have before us a resolution which says: It does not 
matter

[[Page 10425]]

that our public health is being affected. We are going to overturn the 
finding. We are going to call the science invalid. We are going to say 
politics, not science, should be the foundation of our policy.
  This, of course, is the attitude that was put forward year after year 
during the Bush administration: Take the scientific papers and shred 
them. Take the scientists and set their views aside. Today, we have a 
continuation of that Bush strategy of burying science. It is the wrong 
foundation for public policy to bury science. We should take and 
respond responsibly.
  We have now before us a finding that was developed actually by the 
scientists in the Bush administration. You might recall, it was the 
Bush administration scientists who first developed the finding related 
to changing the atmosphere with the global warming gases of methane and 
carbon dioxide and other gases that are changing the chemistry of the 
environment, and that we have to respond to protect the health of our 
citizens--a straightforward concept, supported by the scientists of the 
last administration and by the scientists of this administration.
  Not only that, but we are proposing in this resolution to undo the 
tailpipe emissions rules that reduce our demand on foreign oil. This 
resolution will increase our demand for foreign oil by 455 million 
barrels per year. That is a lot. Let me translate that. That is not 
equivalent to the amount of gasoline to drive around the Equator once. 
No. That is not equal to the amount of gas to drive around the Equator 
10 times. Not at all. It is not even equal to the amount of gas to 
drive around the Equator 1,000 times. This is an increase in our 
dependence on foreign oil equal to the amount of gasoline that would 
propel a car around the Equator 10 million times.
  This means far more money in the hands of foreign governments that do 
not share our national interests. This means a compromised national 
security. This means a lot of additional carbon dioxide being put into 
the air. And this means a lot more harm to the citizens of the United 
States.
  Burying science is wrong. This resolution that challenges our 
national security, diminishes our economy, and threatens the atmosphere 
and our public health is also wrong. It must be defeated in this 
Chamber.
  Thank you, Mr. President.
  The PRESIDING OFFICER. The Senator from New Mexico is recognized for 
5 minutes.
  Mr. BINGAMAN. Mr. President, I will vote ``no'' on the Murkowski 
resolution of disapproval. Senator Murkowski and I have worked together 
on a comprehensive energy bill this Congress and also on a cap-and-
trade bill in the last Congress. She has been very consistent in her 
view that we need to act on the issue of global warming but that we 
need to be sensitive to the impacts of such legislation on our economy.
  I appreciate the concerns she has voiced with respect to the need to 
protect industry from onerous regulation. I firmly believe those views 
are sincere. I disagree, however, with the substance of this 
resolution, in that, regardless of overall intent, it is asking 
Congress to overturn a scientific finding made by some of our best 
scientists. In my view, the EPA should not be prevented from continuing 
its work to reduce greenhouse gas emissions until Congress is able to 
prescribe a more permanent fix.
  For the past several Congresses, we in Congress have been engaged in 
a dialog on how best to provide a permanent fix. There have been many 
bills introduced on the topic. We have had several votes on specific 
legislation. Each time, though, we have fallen short of actually 
enacting legislation. Now, as a result of the Supreme Court ruling, we 
are in a situation where the EPA is required by law to take action to 
regulate greenhouse gas emissions.
  There is a near universal agreement among Members of the Senate that 
it would be better for Congress, rather than the EPA, to take action 
and to prescribe the means of regulating greenhouse gases. Congress has 
the ability to consider the whole economy and the global scope of the 
problem in a way that is not available to the Administrator of the EPA 
under the Clean Air Act. Congress can design and enact policy that 
would be mindful of the wide range of stakeholders and minimize its 
economic impacts, and ensure a smooth transition to a clean energy 
economy.
  I continue to support action by the Congress to regulate greenhouse 
gases instead of direct regulation by the EPA under the Clean Air Act. 
However, the resolution before us is not about whether the EPA should 
be regulating greenhouse gases or how they should go about it. We are, 
instead, being asked to vote on whether the EPA was correct in its 
finding that ``current and increasing levels of greenhouse gases 
threaten the public health and welfare of current and future 
generations.''
  Frankly, there is nothing controversial in this fundamental 
scientific finding. It has survived intense scrutiny by thousands of 
scientists and interested parties the world over in the past decades. 
Just last month, in a report delivered by the National Academies of 
Science at the request of Congress, this finding was further supported 
by our Nation's top scientists. So this vote would amount to a 
congressional rejection of the most basic findings of climate science, 
and how we vote today will be looked on by many, including the 
international community, as they evaluate America's commitment to 
address this global problem.
  Finally, I have reviewed the EPA's actions on greenhouse gas 
emissions and their recent tailoring rule that would ensure that only 
the very largest sources would be subject to any kind of regulation. Of 
these very large sources, only those that are new or are pursuing major 
modifications will be required to implement new control technologies.
  As EPA considers what technologies must be implemented, the economic 
viability of the technology is taken into account as well. I believe it 
is important that EPA continue with its work and that we in Congress 
get on with taking the steps we need to take. For these reasons, I urge 
a ``no'' vote on this resolution.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.
  Ms. MURKOWSKI. Mr. President, I am assuming that time on the 
Democratic side has expired.
  The PRESIDING OFFICER. The time has expired.
  Ms. MURKOWSKI. I thank the Chair.
  At this time, in our remaining 30 minutes, it shall be allocated as 
follows: Senator Coburn for 5 minutes, Senator Rockefeller for 10 
minutes, followed by Senator McCain for 5 minutes, and then I will 
conclude with 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Oklahoma is recognized for 5 minutes.
  Mr. COBURN. Mr. President, I have listened to a great deal of the 
debate. I have heard it claimed that the EPA has scientists; that none 
of us are--except that is not accurate. There are about four or five 
trained scientists in the Senate, and I happen to be one of them. But 
the whole predicate that we heard from the Senator from Massachusetts 
was: The basis was the Supreme Court. They are certainly not 
scientists.
  The other thing I would reject is what the Senator from New Mexico 
said. As a scientist--and if you read the minority opinions on all the 
reports they have cited--this is not settled science. Even if it were, 
this is one Senator who would say this is not the time to do this. Our 
economy is still on its back, and it is going to be that way for the 
next 4 years. We have massive problems in front of us. And we are going 
to add a ruling--not a congressional ruling, a bureaucratic ruling--
that is going to kill jobs, that is going to increase the cost of 
everything we produce in this country because it all starts with 
energy. It is going to mandate changes in behavior that will affect 
every family in this country. So even if it were absolutely true, I 
would tell you we should not be doing it now.
  The second thing is to say that the EPA is going to do this. Do you 
realize the EPA cannot even train 250,000 contractors for lead paint? 
They blew it. They totally blew it. They were incompetent, and, 
consequently, we have

[[Page 10426]]

hundreds of thousands of people who today still are not working on 
older homes because of the EPA's incompetence.
  So for us to claim we have to do this now, and we should not reject 
this now, is like cutting off our nose to spite our face. No matter 
what anybody says, it is going to have a major impact on our economy at 
the time when we cannot afford to have another negative drag on our 
economy.
  Even if it is true--it is not; but even if it is--it would be stupid 
for us to do this now, especially when the rest of the world is not 
coming along at all and the footprint we might minimize will not have 
any impact on the health of Americans. So we are going to have a 
certain amount of CO2 no matter what because the Chinese 
certainly are not doing it, the Indians certainly are not doing it, and 
they are building one smokestack a day in China right now.
  So for us to take this action--in light of the incompetency at the 
EPA, in light of our economic situation we find ourselves in--I find it 
highly ironic, even if it is the right thing to do, now is not the 
right time to do it, given the place where we find ourselves 
economically in this country.
  Then, finally, I have been in this body for 5 years, and I have 
heard, time and time again, the people opposing this motion to disagree 
complain about an administration taking away our rightful legislative 
duty. This is not something that should come from a bureaucracy. This 
has way too big of an impact.
  If we cannot get it through Congress, it should not happen. That is 
what our country is set up on. Instead, by default, we are going to 
allow a bureaucracy to take over what we are supposed to be doing? The 
way this country works is, if we do not do it, it should not be 
happening because there is not a consensus in the body to get a clean 
energy program out of the Senate. So you cannot have it both ways. You 
cannot complain about it when you are seeing it in things you like and 
not complain about it when it is things you do not like.
  I will finish with this one point: We better be very careful in this 
body about what we are doing. We are playing with the future of 200 
million Americans that is extremely precarious at this point in time 
from an economic standpoint. We can claim all the long-term negative 
health consequences, but as a physician, if you do not have an economy 
or you have an economy that crumbles, no matter what you have done on 
that, you have not helped anybody.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. COBURN. Mr. President, I yield back and thank the Senator from 
Alaska for the time.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized 
for 10 minutes.
  Mr. ROCKEFELLER. I thank the Presiding Officer.
  I rise today to lend my support to the Murkowski Resolution of 
Disapproval for one simple but enormously important reason: because I 
believe we must send this strong and urgent message that the fate of 
our economy, our manufacturing industries, and our workers, including 
our coal workers, should never be placed solely in the hands of the 
federal Environmental Protection Agency. I have long maintained this in 
Congress. I have been around here for a while. I was a Governor for 8 
years. I think the elected people, and not the unelected EPA, have a 
constitutional responsibility here and on an issue which is so totally 
important. We are accountable to those people.
  Some here seem to talk about other aspects of this. I tend to focus, 
as a VISTA volunteer who went to West Virginia and lived among coal 
miners, on people and all the problems, including the problem of 
climate change, that attend to their future.
  I am not here to deny or bicker fruitlessly about the science, as 
some would suggest. In fact, I would suggest that I think the science 
is correct. However, it doesn't one iota deter from my support of the 
Murkowski resolution.
  I care deeply about this Earth and resent anybody who suggests 
otherwise about either me or the people of my State. I care about the 
fundamental human commitment--the higher calling we all have--to be a 
steward. Greenhouse gas emissions are not healthy for the Earth or her 
people, and we must take significant action to reduce them. We must 
develop and deploy clean energy, period. I accept all of that. But EPA 
regulation is not the answer. EPA has little or no authority to address 
economic needs. They say they do, but they don't. They have no ability 
to incentivize and deploy new technologies. They have no obligation to 
protect the hard-working people I represent with deep and abiding 
passion--people who changed my life. I was born anew in the coalfields 
of West Virginia at the age of 26. So I fight for my people. I 
understand I am a Senator, but I am a Senator from West Virginia, and I 
have a right to fight for them, and I do, and I support Senator 
Murkowski's amendment because of that. Their jobs matter. Their people, 
their work matters. Their lives matter. Any regulatory solution that 
creates more problems than it fixes and causes more harm than good in 
the real lives of real people, if they are affected badly, is no 
solution at all. I won't accept it. It is not something I will be a 
part of.
  We are capable of tackling this great challenge in a way that 
supports rather than undermines our economy and our future. But the 
process has to work. It has to be open. It has to be not the property 
of a couple of people, but it has to be something the Congress comes to 
understand. I have always felt that if you went to more than 10 percent 
of the Congress, House and Senate, and asked them to explain what cap 
and trade means, they would have no idea. That was one of our problems 
with the health bill. It is fairly important that people understand 
what it means on this bill--not on this bill but the bill that is being 
talked about.
  I am willing to work with people on a solution, but it has to be 
legislative because on this, above all, the Congress must decide. I 
don't care about the Supreme Court. I don't care about EPA in the sense 
of them being the final voice on the future of my people in the State 
that has some of the most carbon of any in the country. I know people 
laugh at coal. We don't. You can't run this country without coal. I am 
for all alternative fuels, even nuclear, to my surprise. I am for all 
of them. But when you add them all up, nobody can make the point that 
you can do any of this without coal. Does it have to be cleaner? 
Absolutely. Is there any excuse for not making it cleaner? No, there is 
not. But you can take 90 to 95 percent of the carbon out of it. That is 
a solution for our people, and we mine coal. We mine coal and send it 
to the States of people who are drawing up this bill. I just wish they 
knew us a little better.
  I asked Administrator Jackson to clarify the EPA timetable as well as 
the impact of EPA regulations on industrial facilities. She responded 
quickly to my letter. She was nice about it. She showed some 
willingness to set a timetable, moved it up about a year, and I 
appreciate that. But she also made clear that the EPA's regulations 
will go forward regardless of whether Congress has acted on a 
comprehensive energy policy and regardless of whether Congress has 
given the EPA a direction in law about how and when and upon whom those 
regulations should be imposed.
  So I introduced my own legislation to suspend EPA action for 2 years. 
It is a little different from the Murkowski legislation, but it makes 
the same point. The EPA can't decide. We have to. Some can ridicule 
that. I don't. I am elected to protect my people and my country, but 
first comes my people and especially on this issue.
  I support legislation to prevent any future catastrophe like the oil 
spill, which is, to my mind, a totally separate issue and has no 
business being discussed at the same time this is being discussed. I 
also support legislation to advance new clean energy and clean coal 
technologies.
  West Virginia is poised to lead a major part in the effort on clean 
technology because we know energy. We have lived with it for the last 
150 years.

[[Page 10427]]

We know coal. We know natural gas. We are coming to know CCS as few 
others do. It is a triumph when one of our power plants reduces 90 
percent of the carbon emissions from the flue stream that it treats. 
That is a triumph to us--maybe to nobody else, but to us it is because 
it happened and it came from the stimulus package and we were a part of 
that.
  The fact is, we in West Virginia know and embrace what too many 
others either don't understand or will not choose to see, which is that 
our Nation is dependent on coal for more than 50 percent of its 
electricity today, and nothing is going to change that fact. All the 
renewables in the world will not change that fact.
  So I close. Even if the country achieves maximum success for all of 
the new ideas on the table for new green energy, our American quality 
of life and the rapid rise of energy needs around the globe will drive 
the same or greater need for coal for many generations to come. So we 
better do coal correctly. It is going to be coal that solves it.
  Coal mining is hard. It is dangerous. Most people have never been 
down a mine. A few people who have discussed this don't know what they 
talk about when they talk about it. And it is not the fault of a coal 
miner. He just mines or she mines the coal that is out there. That has 
to be handled at the stationary source.
  I don't want EPA making all those rules. I don't want EPA turning out 
the lights on America. As I said, coal can be cleaner. But the 
responsibility for putting in place laws and policies that spur new 
technologies and new ideas and the responsibility for any major energy 
and environmental policy change lies not with the Federal regulatory 
agency acting in isolation--I don't even know where EPA is located--but 
with the Congress, with the people who are elected--us--to be included 
in a process which has not been well managed to do the right thing.
  I proudly support the Murkowski resolution, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona is recognized for 5 
minutes.
  Mr. McCAIN. Mr. President, I am here to speak on the Murkowski 
resolution before us.
  The American people deserve to fully understand what this vote is 
really about and what is at stake for them if Congress fails to prevent 
EPA from unilaterally imposing massive regulations that will damage our 
economy and destroy jobs.
  I wish to be clear to my colleagues and to the American people. This 
vote is not about the science of climate change. It is not about 
whether Congress should or should not create policies to limit carbon 
emissions. It is not about protecting oil companies or, as the White 
House has absurdly claimed, the oilspill in the Gulf of Mexico. What 
this resolution is really about is whether the American people, through 
their elected representatives, get a say in our Nation's energy policy 
through their elected representatives or if they will be bound by the 
whims of the unelected bureaucrats at the Environmental Protection 
Agency. More importantly, it is about protecting the American people 
from a crippling backdoor energy tax that we, and small businesses and 
large, cannot afford.
  I wish I could provide my colleagues and the American people with a 
detailed assessment of the impact EPA's proposed regulations would have 
on our economy, but the EPA has refused to provide Congress a 
comprehensive analysis of the potential economic impact. To paraphrase 
Speaker Pelosi's comment that we have to pass ObamaCare so we can find 
out what is in it, I guess EPA will need to impose new regulations on 6 
million buildings, facilities, farms, and other ``stationary sources'' 
before we find out how much it will cost or what impact it will have on 
the economy.
  There is one thing we can all agree on: Allowing the EPA to be turned 
loose on the American people is a terrible idea that will be extremely 
expensive. A spokesman from the Edison Electric Institute, which, to 
their shame, supports congressional efforts to pass a cap-and-trade 
bill, stated that the only certainty is that EPA regulations to limit 
carbon emissions would be far more expensive than if done by Congress.
  Let's not forget what we now know about the legislation that was 
passed in the other body. That would cost families upwards--every 
family--of $1,000 a year. In fact, the Office of Management and Budget 
warned that:

       Making the decision to regulate CO2 under the 
     Clean Air Act for the first time is likely to have serious 
     economic consequences for regulated entities throughout the 
     U.S. economy, including small business and small communities.

  Even some bureaucrats at the EPA must have realized how crippling 
these regulations would be to small businesses and farmers, which is 
why they proposed a tailoring rule to delay the effect these 
regulations would have on the American public. Unfortunately for the 
American people, the tailoring rule stands on shaky legal ground.
  This is really an Orwellian kind of experience. Demonstrating an 
unparalleled disregard for congressional intent, the EPA is attempting 
to make a case that Congress intended to regulate greenhouse gas 
emissions under the Clean Air Act, even though greenhouse gas emissions 
were not formally addressed by the act. Conversely, EPA claims that the 
tons-per-year threshold set by Congress in the Clean Air Act should not 
apply to greenhouse gases. In simpler terms, EPA believes that although 
Congress didn't cover greenhouse gases under the Clean Air Act, it 
really did, and although Congress set thresholds for covered 
pollutants, it really didn't.
  Finally, for those who claim this is somehow about protecting oil 
companies, I suggest we listen to what over 425 companies and 
organizations are saying about these regulations. Small business men 
and women across the country are telling us that EPA's proposed 
greenhouse gas requirements will stifle economic growth and 
disadvantage them in the global marketplace. I suggest we listen.
  So here we are. Here we are. Last Tuesday, we had a vote where people 
turned out in massive numbers against what is going on in Washington. 
They believe their Constitution is being taken away from them. They 
believe they no longer have a voice in what we do here. What this EPA 
decision would do is deprive the Congress, our Nation's elected 
representatives, of a role in profound decisions that would have 
tremendous effects on the economy of this country.
  I strongly suggest that no matter how you stand on the issue of 
greenhouse gas emissions or climate change, you reject this government, 
unelected bureaucrat takeover of a significant portion of the U.S. 
economy.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Franken). The Senator from Alaska.
  Ms. MURKOWSKI. How much time remains on the Republican side?
  The PRESIDING OFFICER. There is 10 minutes remaining.
  Ms. MURKOWSKI. Mr. President, as we conclude the day's debate on this 
resolution of disapproval, I will say that the debate has been good. 
Many points have been raised, and I appreciate that. I will say, 
though, as I have listened throughout the course of the 6 hours, I have 
heard consistently on the side of those who support this resolution of 
disapproval--I have heard consistently that this is about jobs, it is 
about the health of our economy, it is about the strength of the 
economy as a whole and about really ensuring, again, that our Nation 
remains strong while at the same time we take care of our environment. 
These are not mutually exclusive goals--never have been and never will 
be.
  I want to address some of the statements that have been made here and 
made very clearly.
  First is the issue of overreach--overreach by the EPA into the domain 
of the legislative branch. This has been spoken to so many times as we 
have discussed this resolution of disapproval--that the overlapping 
triggers that are contained in the Clean Air Act effectively give the 
EPA control of our Nation's energy and climate policy. I do not think 
that is a sane and rational

[[Page 10428]]

policy when we cede our authority in the legislative branch to 
effectively allow our energy and climate policy to be developed and 
implemented by an agency, that being the EPA. This has huge 
implications for the separation of powers and our constitutional system 
of checks and balances, not to mention what I said at the outset--the 
jobs and the recovery from this economic recession.
  This is not a debate about the science. Science has been discussed a 
lot. Really, this is about how we respond to the science. We are not 
here to decide whether greenhouse gas emissions should be reduced. We 
are here to decide if we are going to allow them to be reduced under 
the structures of the Clean Air Act. Unlike what some of my colleagues 
have said, this resolution doesn't gut the Clean Air Act at all. It 
doesn't address it. It does not change the text in any way. It only 
prevents a massive expansion of its authority.
  It has been suggested that somehow or other this resolution is a 
bailout; somehow or other this is tied to the disaster in the gulf; 
somehow or other this is all tied to the oil industry. Again, this is 
absolutely not anything that has to do with the disaster in the gulf, 
in no way, shape, or form.
  The suggestions that somehow or other this is all about big oil 
belies the coalition of support that has been built across this 
country, from Maine to Alaska and all the points in between--530 
organizations, different stakeholders all over the board, in terms of 
why they feel EPA should not be setting climate policy for this 
country.
  You cannot see this chart because the print is so small. I apologize 
for that. But there are 530 organizations, businesses, stakeholders, 
and advocacy groups that have endorsed this bipartisan resolution. So 
you look through here and you say: OK, are these all the oil and gas 
organizations that are in this country? But I will just direct you to 
some of the ones from, for instance, Texas. Texas is an oil- and gas-
producing State.
  Look at Texas. There is the Texas Agricultural Cooperative Council, 
the Texas and Southwestern Cattle Raisers Association, Texas Aromatics, 
Texas Association of Agricultural Consultants, Texas Association of 
Dairymen, Texas Cattle Feeders Association, Texas Citrus Mutual, Texas 
Cotton Ginners' Association, Texas Independent Ginners Association, 
Texas Food Processers Association, Texas Forestry Association, Grain 
and Feeders Association, Nursery and Landscape Association--and I am 
only halfway through the Texas organizations that support our 
resolution of disapproval.
  So the suggestion that somehow this is all tied into the oil 
industry, again, just simply does not comport with what has been 
happening. Why are these organizations standing up and speaking out and 
saying this is not the path we should be taking with climate? It goes 
back to the jobs. It goes back to the issue of where we are as an 
economy. It goes back to the level of bureaucratic overlay that will be 
imposed on the California Citrus Mutual or the California Cotton 
Growers Association or the Carpet and Rug Institute or the pizza 
company from Ohio.
  This is absolutely about how we as a Nation determine those policies 
that will, in fact, allow us to have the clean air we all want. But we 
can achieve those goals in a way that isn't going to kick our timing in 
the head. Who can do that? Is it the EPA, whose mission is solely and 
exclusively that we have to follow the letter of the law here? The 
letter of the law says to not only go after the big polluters but all 
the way down to the small emitters, which emit 250 tons of carbon per 
year. And every effort EPA may want to make in terms of tailoring, all 
it is going to take is one lawsuit that challenges that tailoring to 
inject the uncertainty back into the market, back into the business 
place. So once again we have an economy that just can not get back on 
its feet.
  This is not a referendum on any other bill that is pending in 
Congress, but it is a check on EPA's regulatory ambition. It presents 
an opportunity for us to stop the worst option for regulating 
greenhouse gases from moving forward, while we work on a more 
responsible solution.
  I want to take a moment to thank my colleague from West Virginia, who 
spoke very passionately about why he supports this resolution--because 
of the people he represents. I ask all of us to look to the people we 
represent. Look at your small businesses, your farmers, your ranchers, 
your pizza manufacturers. Look to them. Look to the health of their 
families and their communities.
  I have a packet here that outlines the broad support for this 
resolution among the Alaska stakeholders. It is everything from our 
Alaska State Legislature to our Governor, our seafood processors, our 
small business refiners, those who are trying to get an Alaska gas line 
in place, our native corporations, the assembly from Anchorage, letters 
from local mayors. I am listening to what the people of Alaska are 
saying. They are making very clear that they want to ensure that when 
we develop climate policy, the ``we'' is ``we the people,'' we the 
elected Members of Congress, and not those unelected bureaucrats within 
an agency who will not only develop that policy but then in turn 
implement that policy. The Alaskans I am hearing from are saying: Make 
sure that as we as a State try to build our economy, we can do so in a 
manner that allows us time.
  The PRESIDING OFFICER. The Senator's time is up.
  Ms. MURKOWSKI. Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. MERKLEY. Mr. President, I ask unanimous consent that the 
remaining time on our side be divided as follows: myself, 2 minutes; 
Senator Udall of Colorado, 5 minutes; Senator Lautenberg, 5 minutes; 
and Senator Boxer for the remainder of the time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MERKLEY. Mr. President, this debate is not about the overreach of 
an agency because indeed this Congress charged EPA with responding to 
threats to our atmosphere that endanger the public health of our 
citizens. We asked them to do that because we know that if it was 
decided on this floor piece by piece, it would be politics over policy. 
So we gave them the responsibility to respond to lead, to respond to 
mercury, to respond to global warming gases, and they are exercising 
that responsibility in a very moderate fashion.
  Second, this is about science because this resolution does not say we 
accept the science but we are going to change the way we respond to it. 
It doesn't say that. It says we reject the science. It says we reject 
the endangerment findings to the public health of our citizens.
  Third, this is about big oil. Have no doubt, this resolution 
increases our dependence on the Middle East and Venezuela to the tune 
of an enormous amount, so much that you would have to drive a car 
around the Equator 10 million times to consume that oil. It is wrong 
for our national security and wrong for our economy, and if you have 
any doubt, take a look at the impassioned plea from the oil industry, 
saying: Please, don't pass this. Why do they not want us to pass this? 
They want to sell us that gas from the Middle East and Venezuela and 
drive a car around the Equator 10 million times or the equivalent 
across America.
  So for our national security and for our economy to create jobs, we 
must reject this resolution.
  The PRESIDING OFFICER. The Senator from California is recognized.
  Mrs. BOXER. Mr. President, I yield 5 minutes to the Senator from 
Colorado.
  The PRESIDING OFFICER. The Senator from Colorado is recognized.
  Mr. UDALL of Colorado. Mr. President, I thank the Senator from 
California for her leadership on this crucial resolution before us.
  I rise in opposition to the resolution offered by my good friend, the 
Senator from Alaska.
  Recent events have given us pause. If there has ever been a wake-up 
call, then surely the images of oiled pelicans, docked charter boats, 
and the sickening plume of oil cascading into the blue waters of the 
gulf should provide it.

[[Page 10429]]

  Time and time again, we have seen opportunities to seize our energy 
future passed up because of our addiction to fossil fuels, our tendency 
to put off difficult choices or our habit of letting partisanship get 
in the way. This unsustainable path has led us to a complacent sense of 
security, and now look at where we are--caught off guard by a tragic 
set of events in the Gulf of Mexico.
  As the gulf disaster has made clear, our existing sources of energy 
come at a cost greater than just the price at the pump. They can be 
catastrophically damaging to our economy, our national security, and 
our environment. I don't have any illusions about our need for 
traditional energy sources, and on that I agree with the Senator from 
Alaska. The more quickly we transition to cleaner energy, the sooner we 
secure a strong and vibrant future for America.
  Every year, we send nearly $800 billion overseas to buy oil from 
foreign countries, some of which clearly don't have our interests at 
heart. But I believe the resolution we are debating today would help 
continue this reliance.
  Let's not be fooled. We are in a race against foreign competitors in 
the European Union and in Asia to meet the world's demand for clean 
energy. Advanced and entrepreneurial countries like ours should do well 
in such a race. Instead, over the last 5 years, as clean energy started 
to boom, the U.S. renewable energy and trade deficit ballooned by 1,400 
percent. China, South Korea, and Europe are all pulling ahead of us in 
this crucial race.
  I just returned from China, along with Senators Feinstein and Hagan. 
My impression, quite simply, is that China appears to be taking bolder 
actions than the United States.
  For example, the largest wind farms and solar farms in the world are 
being built in China. Moreover, China is investing heavily in safe 
nuclear powerplants and clean coal technology.
  Perhaps, though, most troubling is their development of clean energy 
is in part financed by Americans who see more stable support and a 
better investing climate for clean energy abroad.
  I believe the resolution from the Senator from Alaska, however well 
intended, signals to investors that our country is not ready to fully 
support these investments in clean energy.
  While there is a compelling economic and national security case to be 
made for transitioning to a clean energy portfolio, that is not the 
only reason. Scientists, industry, and State and local officials all 
agree that climate change is a challenge our society must address.
  In my home State in Colorado, we are already witnessing the effects 
of climate change. Increased threats from drought, wildfire, and the 
bark beetle infestation are not theoretical, they are real. Come to my 
State and see those effects.
  I firmly believe to fully jump-start this inevitable revolution we 
must put a price on carbon. Some have suggested this would lead to job 
loss. I disagree. Our experience in Colorado tells a different story. 
By setting renewable targets, we have helped create an exciting, 
vibrant, growing clean energy economy in Colorado that has delivered 
thousands of new jobs. Those jobs have remained in this economic 
downturn because they are real jobs, they are future jobs, they provide 
the energy we need.
  Our financial markets and our energy markets have been waiting for 
years for leadership from the Congress on this issue. Despite the 
economic, the environmental, and the national security interests at 
stake, some of my colleagues seem to be dead set on throwing up 
barriers in front of investors. This is in part why I am opposing this 
resolution. It sends a message that the status quo is acceptable. It is 
not. We need a clear path forward, we need a price on carbon, and we 
need to set achievable standards for renewable energy to create a 
positive environment for private investment.
  This resolution would block that path. No less than our safety and 
our security is at stake. I urge my colleagues to vote against this 
resolution.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, I thank Senator Udall for his remarks.
  I turn to a real leader on clean air, clean water, a real fighter for 
the health and safety of our children and our families, Senator 
Lautenberg, for 7 minutes.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. LAUTENBERG. Mr. President, I thank the Senator from California 
and commend her for the struggle we have had with this issue when, in 
fact, there should not be any struggle.
  This is not an issue, in my view, that ought to be debated. To reduce 
the protection we want to offer our families to me sounds silly, and I 
believe to the American public it is going to sound silly as well. I do 
not ascribe any evil intent on the part of the Senator from Alaska, but 
I think it is absolutely mistaken.
  The question before us today is simply, Whose side are you on? Do you 
want to afford your children and your grandchildren the most protection 
they can have against foul air, against contamination, against 
pollution generally, or are you worried about the oil companies? We 
should not have to worry about them. As a matter of fact, they ought to 
worry a little more about us--a heck of a lot more about us.
  Taking nothing away from the experience and the knowledge the Senator 
from Alaska brings, I was in Alaska the second day after the Exxon 
Valdez ran aground. I saw the casual attitude that prevailed with 
Exxon. It told me something about the thinking of these companies. 
There it was, the ship was foundering. We had people already up there. 
There were heroic efforts by people from Fish and Wildlife, by people 
from the Park Service, Interior, up there caressing little seals, 
trying to get the oil off them so they could survive, eagles and all 
kinds of animals.
  What happened there--and I use this as an example--what happened 
there is that Exxon was assessed a penalty. They paid the compensatory 
damages, but they were assigned a penalty for their behavior. They were 
fined $5 billion. Instead of paying at that time when they made $3 
billion--equivalent to $6 billion in today's currency--when they spent 
all their time in court on lawyers, the $5 billion that was owed to the 
American people was cut down to $500 million. That is the attitude. We 
see it with BP--all kinds of disguises, all kinds of fabrications, all 
kinds of lies, wanting to talk about: This is not such a bad thing; we 
will take care of it.
  First they offered to take care of it. Then they said they will pay 
the claims and then legitimate claims. Always modifying.
  The question is, Whose side are we on? The side of big oil, the 
people who are right now responsible for much of the destruction in the 
Gulf of Mexico or are you on the side of your own children, your own 
grandchildren?
  I have experienced it, as most families have, with a child who has 
asthma and another one who has diabetes. We are not sure of the source 
of these conditions, but if my colleagues vote for this resolution they 
are voting to allow a clear and present danger to the health of their 
own families. How can they do that?
  The American Academy of Pediatrics, 60,000 members, all of them well 
trained in science and medicine, has been clear in the warning that 
climate change will have the most dramatic effect on children.
  What is our responsibility? To me, the responsibility is to take care 
of our kids however we can do it, protect them from all kinds of 
dangers. Here is one that will just increase it if we permit this 
resolution to go through.
  Think about your grandchildren coughing and gagging on foul air in 
the future. I see it in my own family. My oldest grandchild is 16. He 
has asthma. When the atmosphere is bad, he is in terrible shape. When 
my daughter takes him--he is a good athlete--to play baseball or 
otherwise, the first thing she checks is where is the nearest clinic so 
if he starts to wheeze, she can get there in a hurry.

[[Page 10430]]

  We have seen a troubling increase of asthma. The rate of asthma in 
children has doubled, and we know carbon pollution causes increased 
asthma attacks.
  More global warming means increases in malaria and food and water 
shortages that will devastate children around the globe. Global warming 
is upon us. We have to solve the problem and with that the pollution of 
the air.
  Put simply, this resolution is an attack--unintentionally I am sure--
on children's health but that is going to be the result. That is why 
the groups that support children and health are opposed to Senator 
Murkowski's resolution.
  The resolution puts politics--politics--ahead of science. The science 
is clear: Emissions from burning coal and oil are sickening children 
all around the world, and if we can help them--I don't care what 
country they are in--we should help them. But we want to take care of 
those in our country.
  The resolution asks Senators to say to the scientists: You are wrong, 
scientists. I say leave the science to the scientists and not to the 
politicians.
  At the same time, big oil and their lobbyists will stop at nothing to 
keep our country's dependence on oil, to have us victimized by people 
who are not our friends, taking our money and at the same time fouling 
our air. For too long, they have had our country by the barrel and by 
the throat.
  This resolution is a gift to BP. I don't think BP deserves any 
contributions from the U.S. Congress or from the American taxpayers 
right now.
  This resolution is a direct attack on the Clean Air Act. For the last 
40 years, the Clean Air Act has led to cleaner skies and healthier 
children. When we strengthened the Clean Air Act, big oil rang an alarm 
that the changes would cost too much and shut down businesses and put 
Americans out of work. The actual costs were less than one-fifth of the 
estimates that were projected.
  I ask my colleagues to vote for their family, vote for science, which 
means to vote against the Murkowski resolution. We have to meet our 
obligations to future generations, and we have to get serious and solve 
our Nation's problems and move toward a clean energy future and not 
more carbon pollution and oil.
  I urge my colleagues to please vote for their children, vote for 
their families, vote no on this resolution and keep the future clean 
for the sake of our children and grandchildren. Don't worry about the 
oil companies. They will take care of themselves.
  I yield the floor.
  Mr. BYRD. Mr. President, anyone who has opened a newspaper or turned 
on a radio in West Virginia recently is aware of the ongoing discussion 
about the future of the coal and manufacturing industries. There is no 
doubt that the West Virginia coal industry and many West Virginia 
workers have been dealt a difficult hand over the past ten years, and 
are indeed facing some uncertainty about their futures. Such 
uncertainty is a pressing public concern for our State--and for many 
other States--and Senator Murkowski has sought to propose a resolution 
that she evidently feels would respond to those concerns. However, we 
need to do something other than hold a political vote on the Murkowski 
resolution, which has zero prospect of enactment, and which would not 
alleviate uncertainty about the future even if it did pass the Senate. 
The Murkowski resolution would only foster confusion. I believe that 
the best and most practical course of action is for the Senate to pass 
a bill that provides certainty and real answers for West Virginians and 
all Americans--a bill that will be passed by the Congress and signed by 
the President before new requirements that would broadly affect our 
economy are imposed by regulation.
  I understand that the Senate Democratic leadership is willing to move 
forward on a bill that pre-empts EPA action, and can win 60 votes in 
the Senate, be approved by the House, and be signed by the President 
into law. Senator Rockefeller recently proposed legislation to provide 
a temporary pre-emption of EPA. I know that I am joined by many others 
in West Virginia in my belief that the Senate find a way to accomplish 
that objective--an objective that I know Senator Rockefeller and I both 
share.
  I have recently secured commitments from my fellow Senators to 
provide on the order of $2 billion for each major power plant that 
installs clean coal technology during the coming decades--with 
additional funding available to larger projects. I am also negotiating 
a commitment to provide the West Virginia region with billions more 
annually to strengthen new and existing regional businesses, to 
complete the construction of better highways, and to provide other 
critical investments to ensure that the next generation of West 
Virginians will have a bright future at home in the Mountain State. 
President Obama has also assured me of his ongoing support for these 
priorities of mine.
  The way to ensure that we make these transformative new investments 
in the future of West Virginia, and in the Appalachian coal industry, 
is for Congress to do the difficult work of enacting the necessary 
policies. The Murkowski resolution does not accomplish that objective, 
and it may even undercut our ability to achieve it. The resolution is 
an open-ended denunciation of many leading scientific studies and 
regulatory initiatives. Were it to be enacted, the resolution could 
actually hamper important Federal initiatives--including rules that 
will assist in the deployment of clean coal technologies like carbon 
capture and storage. I also note that the Murkowski resolution is being 
considered by the Senate via an unusual legislative process that 
constrains debate and prohibits Senators from offering amendments.
  As I have said before, to deny the mounting science of climate change 
is to stick our heads in the sand and say ``deal me out'' of the 
future. But we have also allowed ourselves to ignore other realities. 
It is a simple fact that the costs of producing and consuming Central 
Appalachian coal continue to rise rapidly. Older coal-fired powerplants 
are being closed down, and they appear unlikely to be replaced by new 
coal plants unless we very soon adopt several major changes in federal 
energy policy. In 2009, American power companies generated less of 
their electricity from coal than they have at any other time in recent 
memory. In the last month alone, two major power companies have 
reportedly announced that they will idle or permanently close over a 
dozen coal-fired powerplant units that have consumed millions of tons 
of West Virginia coal in recent years. Moreover, an even larger portion 
of America's aging fleet of coal-fired powerplants could be at risk of 
being permanently closed in the coming years--and the ability to sell 
coal in those markets could be lost for an indefinite period, if there 
is no new Federal energy policy to support the construction of new coal 
plants.
  Some companies may feel that it is helpful for Congress to go on 
denouncing a new energy policy that makes it once more attractive to 
build new coal plants. But those companies are taking this opportunity 
to invest in natural gas, or other types of investments. They are not 
thinking about fighting for the longer term future of coal jobs and 
other jobs in West Virginia. I am. In the meantime, what happens to the 
miners, other workers, local governments, and many West Virginia 
citizens during the course of further delay on a new energy bill? They 
continue to be laid off, and to struggle with insufficient revenue, and 
to remain frustrated about their uncertain future.
  So, there is a long list of compelling reasons to oppose this 
resolution, and a rather short list of reasons to support it. For the 
sake of West Virginia's best interests, and the vital longer-term 
interests of our Nation and our world, the Senate must now move 
promptly to take responsible, decisive, and effective action on a 
moderate but major new energy policy.
  Mrs. McCASKILL. Mr. President, today, we are going to be voting on a 
significant yet controversial resolution introduced by Senator 
Murkowski. This resolution, S.J. Res. 26, squarely confronts the issue 
of how the United States will address the issue of climate

[[Page 10431]]

change and the regulation of greenhouse gases. The resolution speaks 
directly to whether or not the Environmental Protection Agency should 
be allowed to regulate sources of greenhouse gases. This is an 
important issue for the U.S. Senate to address.
  In short, the Murkowski resolution disapproves of EPA's recent 
endangerment finding that greenhouse gases are a threat to public 
health. This rule is a result of a 2007 Supreme Court ruling directing 
EPA to make a determination as to whether or not greenhouse gases are a 
public endangerment. After 2 years of consideration of the scientific 
evidence, the EPA found that six greenhouse gases are a threat to 
public health. Senator Murkowski's resolution would nullify this 
decision.
  While I am sympathetic to the concerns raised by Senator Murkowski, 
the impact of her resolution would be, among other things, to negate 
the significant progress the EPA has made in increasing fuel economy 
standards for vehicles. For that reason I am unable to support it.
  Instead, I am working with my colleague, Senator Rockefeller, to pass 
his bill, S. 3072, of which I am a cosponsor, to preserve the EPA's 
ability to regulate emissions from vehicles but allow the Congress an 
additional 2 years to address the regulation of all other sources of 
greenhouse gases.
  Like, Senator Murkowski, I believe that the best way to address 
climate change is to allow Congress time to pass comprehensive 
legislation, not rely on regulations handed down by the EPA. A 
legislative approach would allow us to mitigate what likely would 
result from EPA regulation of stationary sources: unfair cost increases 
that will be borne by millions of Americans who have no choice but to 
rely on energy produced from coal. This is my biggest concern, as 
eighty-five percent of the energy produced in Missouri comes from coal.
  I have long stated that I cannot support an approach to greenhouse 
gases regulation that will unfairly impact Missourians or unduly harm 
Missouri's small businesses just because they happen to be in a state 
that is largely reliant on coal energy. Unfortunately, while the 
resolution offered by Senator Murkowski is an attempt to give Congress 
greater time to address these types of concerns in any climate 
regulation, it also negates a historic agreement between the EPA and 
the auto industry. This goes too far.
  Last year, in an unprecedented announcement, the auto industry agreed 
to allow the federal government to set new standards for vehicle 
emissions and worked in concert with the government to set these new 
standards. This was a model of effective, reasonable negotiated 
rulemaking and should be embraced, not negated. These new standards 
will reduce U.S. dependence on foreign oil by a projected 1.8 billion 
barrels, while providing real benefits for consumers. Compared with 
today's vehicles, a family purchasing a vehicle under the new standards 
will save, on average, more than $3,000 on fuel costs over the life of 
that vehicle. If the Congress passes Senator Murkowski's resolution, it 
will effectively eliminate these new standards. I believe it would be a 
mistake to jeopardize the progress we have made with the auto industry, 
lose the consumer benefits of increased fuel economy and lose the 
benefit to our national security of reducing our dependence on foreign 
oil.
  This is why I am working with Senator Rockefeller to pass his 
alternative approach to delay EPA regulation of all other sources of 
greenhouse gases for 2 years. I believe this is a better option that 
will not unfairly penalize Missourians. I look forward to working with 
Senator Rockefeller, as well as Leaders Reid and McConnell to secure a 
vote on this very important legislation.
  Ms. MIKULSKI. Mr. President, I rise in opposition to the resolution 
of disapproval offered by Senator Murkowski. This resolution is a 
stunning departure from the science of climate change. It jeopardizes 
our ability to address a continuing threat to our national security and 
public health by overturning EPA's science-based finding that global 
warming pollution endangers the public health and welfare. The United 
States is making progress--in solar, wind and other alternative energy 
sources--job creators that will sustain our future. We are also making 
progress in reducing the harmful pollutants in our air which threaten 
future generations. But this resolution would not continue this 
progress--it would take us back by weakening the Clean Air Act, a 
proven tool in addressing air pollution.
  But what would taking away EPA's ability to protect the health and 
welfare of Americans from greenhouse gas pollution mean in our day to 
day lives? For the people of Maryland, who are particularly vulnerable 
to the effects of climate change because of the state's expansive 
coastline, it would mean our coasts would be eroded at an accelerated 
pace---many areas losing more than 260 acres a year. It would also mean 
steadily rising sea levels in Ocean City, which could lose billions of 
dollars in tourism. And, it would lead to a rise in asthma and lung 
disease rates, which already disproportionately hits our urban areas, 
like Baltimore. With these clear threats to our livelihoods, now is not 
the time to take a major tool out of the toolbox that could help combat 
the prevalence of greenhouse gases in our daily lives. This is politics 
as usual in a time where we need solutions.
  The resolution being considered today sends the wrong message to the 
American public, to our businesses and to the world. It sends the 
message that the U.S. Congress is not taking the threats to our 
environment seriously. It sends the message to our businesses that it 
is okay to continue with the status quo. And in a time where we need 
the innovation, the technology, and the workforce that is committed to 
transitioning the United States to a clean energy society, this is not 
the message that we want to send. The message that we need to send is 
that we are committed to a national energy policy that protects our 
families, protects the quality of our air and water, and creates jobs 
for the 21st century.
  The timing of this resolution is also very concerning. In recent 
weeks, due to the crisis in the gulf, we have seen what our unhealthy 
addiction to oil can do. This resolution will prevent progress that we 
have made in breaking this. Without these regulations in place, 
Americans will use 455 million more barrels of oil, which equals the 
amount of oil that would be in the gulf if the spill raged on for 65 
years. We must break this cycle.
  The U.S. Senate must make it clear how we will deal with the reality 
of climate change. Stripping the authority of the EPA to address the 
issue is not the way to make progress. Instead it is a serious and 
counterproductive step backwards. I urge my colleagues to join me in 
opposing this resolution.
  Mr. BUNNING. Mr. President, I rise today to strongly support the 
senior Senator from Alaska's resolution of disapproval over the 
Environmental Protection Agency's regulation of greenhouse gas 
emissions under the Clean Air Act. The EPA has completely overstepped 
its bounds with this action and I am proud to support Senator 
Murkowski's effort to undo this harmful regulation.
  A colleague of mine, currently serving here in the Senate, once 
remarked that: ``Overburdensome and unnecessary Federal regulations can 
choke the life out of small businesses by imposing costly and often 
ineffectual remedies to problems that may not exist.''
  This statement was made by the majority leader and I could not agree 
more with it, especially when staring such a problem in the face as we 
have here with EPA's draconian new rules. The majority leader's 
statement was made in 1996 shortly after passage of the Congressional 
Review Act. This important tool, designed to rein in out of control 
Federal bureaucracies, is the same tool that we are using today in this 
disapproval resolution currently being debated.
  Make no mistake--the Congressional Review Act was designed to take on 
this exact sort of executive overreach. The Obama administration's EPA 
is making a huge power grab by twisting the principles of the landmark 
Clean Air Act and declaring greenhouse gas

[[Page 10432]]

emissions a danger to public health and welfare. Now, I will not use 
this time today to debate the science of greenhouse gas effects on 
climate change, nor the effects of climate change on the planet. 
However, greenhouse gases are found naturally in abundance in our 
atmosphere. In fact, the most famous greenhouse gas, carbon dioxide, is 
emitted whenever we exhale. The purpose of the Clean Air Act was to 
reduce substances toxic to humans, not substances that are not directly 
harmful to us.
  Because the Clean Air Act was not designed for this kind of 
regulation, the actions EPA has taken will not work and will have a 
devastating effect on the economy and business in the United States. 
Carbon dioxide will be considered a ``regulated air pollutant'' under 
these regulations, thus requiring EPA to massively increase the number 
of entities it will regulate. In fact, the number of permits for new or 
modified construction will soar from 280 to 41,000. The additional 
Title V permits, which are required to begin these operations, will 
explode from 14,700 to 6.1 million applications. This would seem to me 
to be a regulatory burden on an agency that cannot possibly be met 
without a massive infusion of taxpayer dollars.
  Thus, we know that an enormous amount of new entities will come under 
the regulation of the Clean Air Act. Who will be newly roped into this 
government regulation? Essentially anyone, such as office buildings, 
apartment complexes, large retail stores, small businesses, farms, 
hospitals, power plants, and schools. It is difficult to fathom just 
how massively intrusive this Federal expansion will be.
  This action by EPA also represents a rule by fiat of government 
bureaucrats. The Clean Air Act as written makes no mention of 
addressing global warming. To change this, the elected representatives 
of the people, Congress, should be the ones making the decision, not 
unelected bureaucrats in Washington. When Congress considers 
legislation, the people who elected them expect that they will consider 
all the effects of what is being debated. The EPA does not have this 
consideration, which is obvious by the way they have completely 
disregarded any and all of the economic consequences of their actions. 
Congress does, though, and has to weigh the effects of policies upon 
those that they will be implemented on. Elected officials need to be 
responsive to legislation such as this that will prevent the 
strengthening and recovery of the American economy. For instance, 
Congress can factor in the extremely poor timing of this as our economy 
is trying to drag itself out of recession. However, proponents of this 
regulation in the Obama administration know it will not pass Congress, 
so they are trying to do it by bureaucratic fiat instead of letting the 
elected representatives of the people work out a reasonable compromise 
to the problem.
  It is for these reasons that I strongly support the Murkowski 
resolution of disapproval over EPA's actions. I hope the majority 
leader remembers what he said almost 15 years ago about the burdens of 
unnecessary regulation and the use of these sorts of resolutions. I 
hope our other colleagues heed his advice, as I intend to, and vote to 
support this resolution.
  Mr. DODD. Mr. President, I rise today to express my strong opposition 
to S.J. Res. 26, which would invalidate the EPA's endangerment finding 
for greenhouse gas emissions issued last December. This disapproval 
resolution is the absolute wrong approach to energy and climate policy 
in this country. Not only does it fly in the face of the science 
currently available on this issue, but it also ties our hands at a 
critical moment when we should be exploring every option available to 
us for mitigating the potentially disastrous environmental, economic, 
and national security-related effects of climate change.
  The scientific evidence currently surrounding our planet's changing 
climate could not be clearer, or the need to address it more urgent. 
There is broad consensus in the scientific community that most of the 
rise in global average temperatures since the mid-twentieth century is 
due to human activity and that this warming trend could have 
potentially far-reaching consequences for the environment, agriculture, 
and public health. The EPA's endangerment and cause or contribute 
findings, which state that greenhouse gas emissions threaten public 
health and that emissions from new motor vehicles regulated under the 
Clean Air Act contribute to climate change, unequivocally reflect this 
longstanding scientific consensus. Indeed, the EPA's conclusions are 
based on empirical assessments from such highly respected, nonpartisan 
institutions as the U.S. Global Climate Research Program and the 
National Research Council.
  Nevertheless, in spite of the veritable mountain of evidence 
demonstrating that we need to immediately begin addressing this 
challenge, my colleagues on the other side of the aisle have chosen to 
ignore the available science and bury their heads in the sand by 
supporting this ill-conceived disapproval resolution. They are, in 
effect, voting to continue the failed policies of the Bush 
administration, which for 8 long years ignored sound science, ridiculed 
good policy, and relegated the U.S. to the back bench in the race to 
develop and deploy clean, renewable sources of energy.
  This is not a path on which we can afford to continue. As the ongoing 
tragedy in the Gulf of Mexico clearly shows, our Nation's failure to 
comprehensively address climate change and free our country from its 
addiction to oil and other fossil fuels poses a serious threat to our 
economy and the public's well-being. It is now time for the United 
States to take a leading role in this effort--to reach into the deep 
well of technical expertise and ingenuity of its citizens--and build a 
new, clean energy economy that will create new jobs and help rescue the 
planet from some of the most deleterious impacts of climate change.
  Today we are presented with a choice. Do we acknowledge the 
scientific near-certainty of climate change and the critical role the 
EPA must play in addressing it? Or do we hamstring our Nation's 
environmental experts, gut a national oil savings program, and reject 
sound science? We must send a strong message to the American people and 
the rest of the world that the United States is fully committed to 
robustly confronting climate change and pioneering new, innovative 
approaches to energy policy that move our country away from its 
dangerous overreliance on fossil fuels. I urge my colleagues to reject 
this misguided legislation.
  Mr. LEVIN. Mr. President, our Nation is not lacking in complex 
challenges. But among the most complex and difficult is this: How can 
we deal with the reality of climate change while also strengthening an 
economy that has depended for so long on fossil fuels? There is no 
denying the difficulty of meeting those often conflicting goals. The 
resolution before us purports to respond to this challenge, but I 
cannot support the approach that Senator Murkowski offers. Let me 
explain why.
  Senator Murkowski offers a resolution of disapproval of the 
Environmental Protection Agency's endangerment finding regarding the 
harmful effects of greenhouse gas emissions. This resolution's impact 
would be to block EPA from implementing that rule.
  First, I believe we all should understand that the subject of this 
resolution--EPA's endangerment finding--is a product of scientific 
review of the facts regarding climate change. Current law, and a 
decision by the U.S. Supreme Court, require EPA to act in the face of 
these facts. If you believe in the science, as I do, then you must 
either acknowledge EPA's responsibility to act or seek to change the 
law that imposes that responsibility.
  Second, as a practical matter, I am afraid this resolution, if 
enacted, would have an effect quite different from its sponsors' stated 
intent. The argument in favor of the resolution is that EPA regulation 
of greenhouse gases would unwisely harm our economy. In fact, for my 
State, passage of this resolution more likely would produce economic

[[Page 10433]]

harm. That is because it would undo a carefully crafted agreement among 
the Federal Government, auto manufacturers, environmental groups and 
others, reached more than a year ago, relating to national greenhouse 
gas emissions standards for vehicles. This agreement resulted in a 
single, national standard for such emissions, binding on all States 
through 2016. The certainty and predictability of a binding national 
standard is vital for vehicle manufacturers. To help them pursue the 
path to a clean-energy future, that path must be clearly marked, and 
not confused by the myriad of different turns they would face if 
individual states are allowed to set their own standards.
  EPA at one point granted California a waiver permitting that State to 
separately regulate greenhouse gas emissions from mobile sources. 
California officials have agreed, for 2010 to 2016, to a joint NHTSA-
EPA process for regulating carbon emissions from vehicles. If the 
Murkowski resolution is enacted, California would presumably act to use 
its waiver, and other States would follow. The economic impact of 
varying State regulation would harm manufacturers that are the economic 
backbone of many States and communities across this Nation. Auto 
manufacturers and auto workers have made clear, in letters to the 
Congress, their concerns that the result of this resolution's passage 
would be to upend a clear national standard binding on all States. 
While the supporters of this resolution may not intend such a 
consequence, it is surely there, and that is why I cannot support this 
resolution.
  Let me also take this opportunity to point out that my commitment to 
a single national emissions standard that is binding on all States also 
leads me to oppose the Kerry-Lieberman climate change bill in its 
current form. Why? Because carbon dioxide is a global problem. The 
threat of greenhouse gas emissions is not unique to any State. There is 
an urgent need for government action to confront the problem of carbon 
dioxide, but the need is for strong national and international action. 
To suggest that the need is different from one side of a State line to 
the other actually undermines the argument that carbon dioxide is a 
global threat that knows no boundaries.
  Just as vehicle manufacturers and workers have made clear their 
concerns that the Murkowski resolution threatens a single, binding 
national standard, they have also made clear their concerns about the 
effects of the Kerry-Lieberman bill as currently written. As the United 
Auto Workers Union has pointed out in a letter to Senators, that 
proposal ``fails to provide regulatory predictability for the 
automotive sector because it does not require continuation of the Obama 
administration's historic achievement in promulgating one national 
standard for greenhouse gas emissions and fuel economy for light duty 
vehicles.'' The UAW is right. The Kerry-Lieberman bill, while hinting 
that there should be a single national standard, does not commit the 
Nation to such a standard. In order to gain my support, it must include 
such a commitment.
  So, let no one misunderstand my vote today. I oppose the Murkowski 
resolution because it will unravel the agreement on a single national 
carbon standard for mobile sources binding on all States through 2016. 
I also oppose the Kerry-Lieberman bill as currently drafted because it 
does not ensure such a standard beyond 2016.
  I ask unanimous consent that several letters be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                       Alliance of


                                     Automobile Manufacturers,

                                   Washington, DC, March 17, 2010.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
     Hon. Harry Reid,
     Majority Leader, U.S. Senate,
     Washington, DC.
     Hon. John Boehner,
     Minority Leader, House of Representatives,
     Washington, DC.
     Hon. Mitch McConnell,
     Minority Leader, U.S. Senate,
     Washington, DC.
       Dear Speaker Pelosi, Leader Reid, Leader Boehner, and 
     Leader McConnell: On behalf of the Alliance of Automobile 
     Manufacturers and its 11 member companies, I am writing to 
     express concern over proposed Resolutions of Disapproval that 
     would overturn the Environmental Protection Agency's 
     Endangerment Finding on greenhouse gas emissions. Automakers 
     agree with the fundamental premise that Congress should 
     determine how best to reduce greenhouse gas emissions. 
     However, if these resolutions are enacted into law, the 
     historic agreement creating the One National Program for 
     regulating vehicle fuel economy and greenhouse gas emissions 
     would collapse.
       At this time last year, the auto industry faced the 
     alarming possibility of having to comply with multiple sets 
     of inconsistent fuel economy standards. First, NHTSA was in 
     the process of promulgating new fuel economy standards as 
     required by Congress under the Energy Independence and 
     Security Act of 2007. Second, EPA was preparing to propose 
     greenhouse gas standards under the Clean Air Act, in the wake 
     of the Supreme Court's decision in Massachusetts v. EPA. 
     Finally, California and 13 other states were planning to 
     enforce their own state-specific greenhouse gas standards. 
     (As a practical matter, greenhouse gas standards are the 
     functional equivalent of fuel economy standards, since the 
     amount of greenhouse gases emitted by a vehicle is 
     proportional to the amount of fuel consumed.) These multiple 
     standards would not have been aligned with each other, 
     presenting all automakers with a compliance nightmare across 
     the country. The state-by-state standards were especially 
     problematic for the industry, as manufacturers generally 
     faced the likely prospect of having to implement product 
     restrictions in some states, but not others, in order to 
     comply. Clearly, the industry wanted--then and now--a ``one 
     regulation fits all'' resolution to this problem.
       To achieve that result, the Obama Administration brokered a 
     historic agreement in May 2009 to create the One National 
     Program for fuel economy and greenhouse gas standards. Under 
     that agreement, NFITSA and EPA committed to coordinate their 
     rulemaking processes and promulgate a joint regulation 
     establishing consistent fuel economy and greenhouse gas 
     standards for the 2012-2016 model years. California agreed 
     that manufacturers who complied with the federal greenhouse 
     gas rules would be deemed to be in compliance with the state 
     standards for model years 2012-2016. The auto industry agreed 
     to suspend litigation seeking to overturn the state 
     standards, and ultimately to dismiss such litigation once the 
     conditions agreed to by the manufacturers have been met.
       In a letter to Senator Rockefeller dated February 22, 2010, 
     Administrator Jackson stated that the disapproval resolutions 
     would have the unintended effect of ``prevent[ing] EPA from 
     issuing its greenhouse gas standard for light-duty vehicles, 
     because the endangerment finding is a legal prerequisite of 
     that standard.'' This, in turn, would likely result in the 
     disintegration of the One National Program agreement. It is 
     our understanding that California would not abide by the 
     agreement if EPA is unable to regulate greenhouse gases. If 
     the One National Program agreement were dissolved, the 
     manufacturers would be back where they started last May with 
     a NHTSA regulation coupled with a patchwork of states 
     adopting regulations inconsistent with NIITSA's. As we stated 
     in a letter to Senator Feinstein on September 24, 2009, this 
     would present a myriad of problems for the auto industry in 
     terms of product planning, vehicle distribution, adverse 
     economic impacts and, most importantly, adverse consequences 
     for their dealers and customers.
       The Alliance believes that the One National Program 
     resolution fostered by the Obama Administration is critical 
     to the efficient regulation of motor vehicle greenhouse gas 
     emissions and related fuel economy in the United States, not 
     only for the 2012-2016 model years, but also for the 2017 
     model year and beyond. The ongoing existence of a national 
     program for motor vehicle fuel economy and greenhouse gas 
     standards for all future model years should be the shared 
     goal of not only the Administration and the industry, but 
     also Congress and the States, for the benefit of the 
     environment, the public, and the ability of the industry to 
     create and maintain high quality jobs.
       It is time for Congress and the Administration to enact and 
     implement measures to make a national program permanent for 
     2017 and beyond. However, given what appears to be the 
     inevitable consequence of the proposed Resolutions of 
     Disapproval, we do not believe they are the proper vehicles 
     for Members of Congress to express their legitimate concern 
     that Congress, and not EPA or the states, design the national 
     response to climate change. Instead we urge Congress to move 
     quickly to ensure that the national program does not end in 
     2016, and we stand ready to work with members to develop a 
     federally-led process to achieve a permanent national 
     program.
       Thank you for the opportunity to explain the impact of 
     these resolutions on the auto industry. Please feel free to 
     contact me if you have any questions or need additional 
     information.
           Sincerely,
                                                     Dave McCurdy.

[[Page 10434]]

     
                                  ____
         International Union, United Automobile, Aerospace & 
           Agricultural Implement Workers of America,
                                     Washington, DC, June 7, 2010.
       Dear Senator: This week the Senate may take up Senator 
     Murkowski's disapproval resolution that would overturn the 
     EPA's endangerment finding on greenhouse gas emissions. The 
     UAW opposes this misguided effort and urges you to vote 
     against this disapproval resolution.
       In our judgment, Congress should move forward to enact 
     comprehensive climate change legislation that will reduce 
     greenhouse gas emissions. Although we recognize the 
     difficulties involved in this effort, we believe that 
     legislation can be crafted that will reduce global warming 
     pollution while at the same time creating jobs and providing 
     a boost to our economy. In particular, we believe such 
     legislation can help to provide significant investment in 
     domestic production of advanced technology vehicles and their 
     key components, as well as other energy saving technologies. 
     But such progress would be undermined if a disapproval 
     resolution were to overturn EPA's endangerment finding.
       The UAW understands the concerns that have been expressed 
     about EPA attempting to use its authority under the Clean Air 
     Act to regulate greenhouse gas emissions from various 
     industries. However, we believe the best way to address these 
     concerns is for Congress to move forward with comprehensive 
     climate change legislation that properly balances concerns of 
     various regions and sectors, and establishes a new coherent 
     national program to combat climate change.
       The UAW also is deeply concerned that overturning EPA's 
     endangerment finding would unravel the historic agreement on 
     one national standard for fuel economy and greenhouse gas 
     emissions for light duty vehicles that was negotiated by the 
     Obama administration last year. As a result of this agreement 
     among all stakeholders, NHTSA and EPA engaged in a joint 
     rulemaking effort that will result in significant reductions 
     in fuel consumption and greenhouse gas emissions by 2016. At 
     the same time, these joint rules retain the structural 
     components that Congress enacted in the 2007 energy 
     legislation, thereby providing important flexibility to full 
     line manufacturers and a backstop for the domestic car fleet. 
     Most importantly, California and other states have agreed to 
     forgo state-level regulation of tailpipe emissions and abide 
     by the new national standard that has been created by these 
     NHTSA and EPA rules. This will avoid the burdens that would 
     have been placed on automakers if they had been forced to 
     comply with a multitude of federal and state standards. The 
     UAW is very pleased that all stakeholders recently agreed to 
     continue efforts to extend this national standard from 2016 
     to 2025.
       However, the critically important progress that has been 
     achieved with these historic agreements will be undermined if 
     EPA's endangerment finding is overturned. Without this 
     finding, EPA may not be able to implement the current rule on 
     light duty vehicles. In the absence of the EPA standard, 
     California and other states could move forward with their 
     standards, thereby subjecting auto manufacturers to all of 
     the burdens that the one national standard was designed to 
     avoid.
       For all of these reasons, the UAW opposes Senator 
     Murkowski's disapproval resolution that seeks to overturn 
     EPA's endangerment finding. We urge you to vote against this 
     measure. Thank you for considering our views on this 
     important issue.
           Sincerely,
                                                     Alan Reuther,
     Legislative Director.
                                  ____

         International Union, United automobile, Aerospace & 
           Agricultural Implement Workers of America,
                                     Washington, DC, May 19, 2010.
       Dear Senator: Last week Senators Kerry and Lieberman 
     released a discussion draft of far reaching climate change 
     legislation entitled the ``American Power Act.'' The UAW 
     supports the enactment of an economy-wide program to reduce 
     greenhouse gas emissions. However, we were deeply 
     disappointed with the Kerry-Lieberman proposal. In our 
     judgment, the Senate should insist that a number of 
     significant problems in this proposal must be corrected 
     before it moves forward.
       First, although the American Power Act contains a program 
     to encourage investment in the domestic production of clean 
     vehicles and their key components, it fails to provide 
     adequate funding for this program. Significantly, the funding 
     (through the allocation of carbon allowances) is lower than 
     the funding that was provided for similar programs in the 
     original Boxer-Kerry bill and the Waxman-Markey bill that 
     passed the House. Thus, the American Power Act represents a 
     step backwards on this important issue.
       The UAW believes that substantially higher funding levels 
     are justified, both by the enormous contribution that clean 
     vehicles will be making to the reduction in greenhouse gas 
     emissions, and by the much higher costs associated with these 
     emission reductions compared to costs in other sectors. We 
     also believe that higher funding levels are needed to ensure 
     that the vehicles of the future will be produced in this 
     country by American workers by building on the success of the 
     existing manufacturers' incentive program.
       Second, the American Power Act fails to provide regulatory 
     predictability for the automotive sector because it does not 
     require continuation of the Obama administration's historic 
     achievement in promulgating one national standard for 
     greenhouse gas emissions and fuel economy for light duty 
     vehicles. Instead, it would allow auto manufacturers to be 
     subjected to conflicting federal and state standards. The UAW 
     believes that this also represents a step backwards.
       Third, the American Power Act fails to provide regulatory 
     predictability for businesses in general because it would 
     allow states to require companies to surrender federal carbon 
     allowances. This represents a back door means of allowing 
     individual states to de facto lower the federal cap on carbon 
     emissions, and to shift the burdens imposed on different 
     regions and sectors under the federal climate change program. 
     In addition to introducing an enormous element of 
     uncertainty, the UAW is deeply concerned that this will lead 
     to economic warfare between the states.
       Fourth, the American Power Act fails to protect American 
     businesses and workers from unfair foreign competition 
     because the border adjustment provisions allow for too much 
     discretion, and thus may never be invoked. Furthermore, the 
     border adjustment provisions do not apply to finished 
     products that contain large amounts of energy-intensive 
     materials, such as motor vehicles and their parts, and hence 
     would not provide any protection for the domestic auto 
     industry.
       Fifth, the American Power Act does not contain any program 
     to provide assistance to dislocated workers and communities. 
     The transition to a clean-energy economy will inevitably 
     cause some dislocation. In our judgment, a portion of the 
     revenues generated by the climate change program should be 
     earmarked to assure that adequate assistance is made 
     available to workers and communities that are adversely 
     impacted by this transition.
       The UAW strongly urges the Senate to insist that the 
     foregoing defects in the American Power Act must be fixed 
     before this legislation moves forward. Thank you for 
     considering our views on these important issues.
           Sincerely,
                                                     Alan Reuther,
                                             Legislative Director.

  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, I thank my colleague. How much time 
remains on our side?
  The PRESIDING OFFICER. There are 14\1/2\ minutes remaining.
  Mrs. BOXER. Mr. President, I am going to wrap it up in about 10 
minutes and then go to the vote.
  Before the Senator from New Jersey leaves the floor, if I may have 
his attention, I thank him so much. He put this whole vote in the exact 
right perspective. Big oil supports the Murkowski resolution. That is a 
fact. They have sent a letter saying they support the Murkowski 
resolution.
  Why do you think they support the Murkowski resolution? The reason 
is, this resolution would repeal, overturn, do away with the 
endangerment finding made by the Environmental Protection Agency that 
says that carbon pollution is a danger to our families, to their 
health.
  Senator Lautenberg just said it from the heart. If ever there was a 
vote to find out whose side you are on, this is it. What could be 
clearer?
  Let's put up a chart. Let's look at some of the public health 
organizations that are opposing the Murkowski resolution. I will only 
list a couple of them: The American Academy of Pediatrics--they know 
that carbon is a danger to our children--the Children's Environmental 
Health Network; the American Nurses Association; the American Lung 
Association; the American Public Health Association.
  Whose side do you want to be on? We had a letter from 1,800 U.S. 
scientists, from the Union of Concerned Scientists. Do you want to be 
on the side of the special interests or do you want to be on the side 
of the children and the families and the people who gave their whole 
professional careers to protecting the health of our families?
  This is one of those votes. This is what we call a turning-point vote 
in everyone's career. When we look back at this vote, our grandchildren 
will want to know: Where was the Senate on this important vote?
  We know this resolution is opposed by America's leading public health 
experts. They do not want us to repeal a health finding. What is next? 
Somebody else will have a brilliant idea to

[[Page 10435]]

repeal a scientific finding that nicotine causes cancer. Oh, we can 
debate that. What is next?
  Someone else will say: Lead is no problem in paint. Let's repeal that 
finding. Think of all the children who would be adversely impacted with 
brain damage if we did that.
  The choice is with Senators: Stand with big oil or stand with the 
children, the families, the doctors, the public health people. This is 
a moment in time.
  There may not be bipartisan opposition on this floor. I think the 
vast majority of my Republican friends are going to support Senator 
Murkowski. But look at the outside world where we are getting support 
for our side.
  EPA Administrators under Nixon, Ford, and Reagan oppose the Murkowski 
resolution. People forget, the environment used to be an issue that was 
bipartisan. The EPA--that has been so criticized by my Republican 
friends--was created by Richard Nixon, was supported by Gerald Ford and 
Ronald Reagan. What has happened? How did this happen? I think it goes 
back to politics and special interests and the money that flows in 
here.
  But that is another debate for another time. Today, we have a very 
simple proposition before us in the Murkowski resolution: Should we 
repeal the health finding and the scientific finding that is the basis 
for regulating greenhouse gas emissions?
  Ronald Reagan's EPA Administrator, Richard Nixon's EPA Administrator, 
Ford's--Russell Train, William Ruckelshaus--very strongly opposed. They 
urge the Senate to reject this and any other legislation that would 
weaken the Clean Air Act or curtail the authority of the Environmental 
Protection Agency to implement its provisions.
  It is the Environmental Protection Agency--the EPA--not the 
environmental pollution agency. If somebody wants to turn it into that, 
they ought to come here and make that proposal. We can debate it.
  There is enough pollution in the gulf to teach us a lesson today. How 
ironic that this is coming before us.
  How about jobs? The people on the other side say supporting the 
Murkowski resolution is supporting jobs. That is false. The U.S. 
automakers oppose the Murkowski amendment. They say it will lose jobs. 
If these resolutions are enacted, the historic agreement creating the 
one national program for regulating vehicle fuel economy would 
collapse.
  We are finally getting the U.S. auto industry on its feet. With the 
Murkowski resolution, if it became law, that is all over and our auto 
industry will falter again.
  The auto workers also come out against the Murkowski resolution. They 
are deeply concerned that overturning this endangerment finding would 
unravel the historic agreement on one national standard for fuel 
economy and greenhouse gas emissions.
  If you haven't been convinced on the jobs question in the auto 
industry, if you are not convinced on the health argument, let's look 
at a statement made by 33 U.S. generals and admirals. Climate change is 
making the world a dangerous place, threatening our security.
  I don't have time to read every word, but it says the State 
Department, the National Intelligence Council, the CIA, all agree and 
are all planning for future climate-based threats. America's billion-
dollar-a-day dependence on oil makes us vulnerable to unstable and 
unfriendly regimes.
  We have a list of the people who signed onto that. I will just read a 
few, and I ask unanimous consent to have printed in the Record this 
document.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Climate Change is Making the World a More Dangerous Place

       It's threatening America's security. The Pentagon and 
     security leaders of both parties consider climate disruption 
     to be a ``threat multiplier''--it exacerbates existing 
     problems by decreasing stability, increasing conflict, and 
     incubating the socioeconomic conditions that foster terrorist 
     recruitment. The State Department, the National Intelligence 
     Council and the CIA all agree, and all are planning for 
     future climate-based threats.
       America's billion-dollar-a-day dependence on oil makes us 
     vulnerable to unstable and unfriendly regimes. A substantial 
     amount of that oil money ends up in the hands of terrorists. 
     Consequently, our military is forced to operate in hostile 
     territory, and our troops are attacked by terrorists funded 
     by U.S. oil dollars, while rogue regimes profit off of our 
     dependence. As long as the American public is beholden to 
     global energy prices, we will be at the mercy of these rogue 
     regimes. Taking control of our energy future means preventing 
     future conflicts around the world and protecting Americans 
     here at home.
       It is time to secure America with clean energy. We can 
     create millions of jobs in a dean energy economy while 
     mitigating the effects of climate change across the globe. We 
     call on Congress and the administration to enact strong, 
     comprehensive climate and energy legislation to reduce carbon 
     pollution and lead the world in clean energy technology.
       Lieutenant General Joseph Ballard, US Army (Ret.); 
     Lieutenant General John Castellaw, USMC (Ret.); Lieutenant 
     General Robert Gard, Jr., Army (Ret.); Lieutenant General 
     Claudia Kennedy, US Army (Ret.); Lieutenant General Don 
     Kerrick, US Army (Ret); Lieutenant General Frank Petersen, 
     USMC (Ret.); Lieutenant General Norman Seip, USAF (Ret.); 
     Vice Admiral Donald Arthur, US Navy (Ret.); Vice Admiral 
     Kevin Green, US Navy (Ret); Vice Admiral Lee Gunn, US Navy 
     (Ret); Major General Roger Blunt, US Army (Ret.); Major 
     General George Buskirk, US Army (Ret); Major General Paul 
     Eaton, US Army (Ret.); Major General Donald Edwards, US Army 
     (Ret); Major General Paul Monroe, US Army (Ret); Major 
     General Tony Taguba, US Army (Ret); Rear Admiral John Hutson, 
     JAGC, US Navy (Ret.); Rear Admiral Stuart Platt US Navy 
     (Ret.); Rear Admiral Alan Steinman, US Coast Guard (Ret.); 
     Brigadier General John Adams, US Army (Ret); Brigadier 
     General Stephen Cheney, USMC (Ret); Brigadier General John 
     Douglass, US Air Force (Ret.); Brigadier General Michael 
     Dunn, US Army (Ret.); Brigadier General Pat Foote, US Army 
     (Ret); Brigadier General Larry Gillespie, US Army (Ret); 
     Brigadier General Keith Kerr, US Army (Ret.); Brigadier 
     General Phil Leventis, USAF (Ret); Brigadier General George 
     Patrick, III, USAF (Ret); Brigadier General Virgil Richard, 
     US Army (Ret); Brigadier General Murray Sagsveen, US Army 
     (Ret.); Brigadier General Ted Vander Els, US Army (Ret); 
     Brigadier General John Watkins, US Army (Ret); Brigadier 
     General Steve Xenakis, US Army (Ret.).

  Mrs. BOXER. Mr. President, this is a list of lieutenant generals, 
vice admirals, major generals, rear admirals, brigadier generals--and 
all of them real patriots--saying to us: We cannot become more 
dependent on oil, and as a result of this Murkowski resolution, that is 
what would happen.
  How much more do we want to spend on importing foreign oil? We are up 
to a billion dollars a day, and it is going to people who don't care 
for us very much, in case you didn't notice that. We want to get off 
foreign oil. We want to unleash the capital in our own country. And our 
own businesses are telling us this--that those dollars would come in if 
in fact we move forward and enact legislation that makes sense. The 
Murkowski resolution would simply stop us in our tracks.
  More than a thousand businesses have weighed in against the Murkowski 
resolution--a thousand businesses. The resolution would eliminate 
incentives for innovations that could drive a clean energy economy. The 
Murkowski resolution would send the wrong signal to the American 
business community. That is signed by an organization representing 850 
business leaders. The resolution will jeopardize and hinder progress. 
That is signed by Business for Innovative Climate and Energy Policy. 
Then the Silicon Valley Leadership Group, on behalf of 320 member 
companies, opposes the resolution from Senator Murkowski. The member 
companies in the leadership group provide nearly 250,000 local jobs or 
one out of every four private-sector jobs in Silicon Valley.
  So whether you are voting on this on the basis of the health of our 
children, whether you care about the auto companies, whether you care 
about jobs and the rest of the economy and the ability of this economy 
to create good jobs or because you feel we need to get off our billion-
dollar-a-day habit of importing oil, you have a lot of important issues 
to think about.
  I want to close with looking at something no one wants to look at--no 
one can bear to look at. If anyone thought that carbon isn't a danger, 
look at what carbon pollution is doing on the

[[Page 10436]]

ground in the gulf region--in the water, on the beaches, in the 
marshlands. Do you think that a pollutant like this, when it goes in 
the air, causes no problem?
  There was a cartoon in today's paper that showed a cap going over the 
well--which we all hope is going to succeed--and out of that well is 
escaping some of the carbon pollution. It is going into the air and 
under it, it says: Now it is no problem.
  My colleagues of the Senate, this is a point in time we have to make 
a decision. We are not experts in public health here. We chose as our 
career to say that we want to be on the side of the people who send us 
here. This is the moment. Choose sides: It is big oil and all that 
comes with it and all the polluters or it is protecting our families.
  I urge a no vote to proceed to this resolution, and I ask that the 
regular order occur on the vote at this time.
  I yield back the remainder of my time, and I ask for the yeas and 
nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion to proceed to S.J. Res. 26.
  The clerk will call the roll.
  The bill clerk called the roll.
  The result was announced--yeas 47, nays 53, as follows:

                      [Rollcall Vote No. 184 Leg.]

                                YEAS--47

     Alexander
     Barrasso
     Bayh
     Bennett
     Bond
     Brown (MA)
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kyl
     Landrieu
     LeMieux
     Lincoln
     Lugar
     McCain
     McConnell
     Murkowski
     Nelson (NE)
     Pryor
     Risch
     Roberts
     Rockefeller
     Sessions
     Shelby
     Snowe
     Thune
     Vitter
     Voinovich
     Wicker

                                NAYS--53

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Boxer
     Brown (OH)
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Conrad
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (FL)
     Reed
     Reid
     Sanders
     Schumer
     Shaheen
     Specter
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden
  The motion was rejected.
  Mrs. BOXER. Madam President, I move to reconsider the vote.
  Mr. MENENDEZ. I move to lay that motion upon the table.
  The motion to lay upon the table was agreed to.

                          ____________________




                            MORNING BUSINESS

  Mrs. BOXER. Madam President, I ask unanimous consent that the Senate 
proceed to a period of morning business, with Senators permitted to 
speak for up to 10 minutes each, and that I be recognized to make some 
remarks after this very historic vote.
  The PRESIDING OFFICER (Mrs. Shaheen.) Without objection, it is so 
ordered.

                          ____________________




                       RESOLUTION OF DISAPPROVAL

  Mrs. BOXER. Madam President, I wish to thank my colleagues from the 
bottom of my heart for this vote. This was, in many ways, a turning 
point for the Senate, because what was before us was unprecedented, the 
first time we had ever been asked to repeal a health finding, a 
scientific finding, a finding that was made by scientists and health 
officials in the Bush administration and the Obama administration.
  That finding, as we know, is the predicate, is the basis for curbing 
pollution, carbon pollution, that we know is harmful to our families. 
We see what carbon pollution is doing in the gulf, to the wildlife. We 
know what it is doing to an entire way of life. We know what it is 
doing to the fishermen, to the people who rely on recreation for jobs, 
to the people who rely on tourism.
  Tonight we had a choice. We could have decided to stand with the 
polluters, big oil mostly, who were behind the Murkowski resolution, or 
we could have decided, which we did, to stand with those who are 
looking out for our kids, the doctors, the physicians who treat them, 
the pediatricians, the Lung Association, the public health agencies in 
all of our States.
  We did the right thing, and this was important. It also means we are 
going to move to alternative energy. We are going to move to the 
millions of jobs that will come about when we have technologies made in 
America for America. I want to see the words ``Made in America'' again. 
So we are on that path right now.
  I want to thank the extraordinary leadership of our leaders, Senators 
Reid and Durbin. They went that extra mile. I want to thank the staff 
of the Environment and Public Works Committee, headed by Bettina 
Poirier, extraordinary staff. I want to thank the cloakroom here and 
all the people here who helped us make sure that every Senator was able 
to be heard.
  Senator Murkowski and I worked very well together debating this in a 
civil manner. I want to say, as I note Senator Lautenberg standing 
here, I felt the moment this debate came together was when he came to 
the floor to make a statement, brief though it was. He talked to us not 
from his notes but from his heart, about what it means to him as a 
grandparent to watch a grandchild suffer and struggle through asthma, 
and as he has noted on this floor on more than one occasion, his family 
making sure that when this child plays in an athletic tournament or 
goes somewhere, how close is the emergency room.
  This is what we are dealing with today, pollution. And today we said: 
We stand with the physicians, we stand with the scientists, and we are 
going to move forward toward a clean energy economy and all of the jobs 
that will come with it, and all of the technologies that will make 
America a leader in the world.
  At this time I yield the floor to my friend Senator Durbin.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. I ask unanimous consent to speak as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Durbin pertaining to the submission of S. Res. 
549 are located in today's Record under ``Submission of Concurrent and 
Senate Resolutions.'')

                          ____________________




                           THE NATIONAL DEBT

  Mr. BROWN of Massachusetts. I want to shift gears and kind of get 
back to business a little bit. Today, I rise to discuss the extension 
bill we are considering on the floor of the Senate. I will be brief.
  As you know, this week our national debt crossed the $13 trillion 
mark and is on pace to reach almost $20 trillion by the year 2015. That 
is $20 trillion with a T.
  Let's stop for a minute and take note of that amazing number. I know 
I am the new guy around here, and I will probably be racing you home in 
a little bit to get back to Massachusetts and New Hampshire, Madam 
President. But in my short time in Washington, it has been a little 
unsettling to hear the words like ``billion'' and ``trillion'' thrown 
with little regard to the impact these incredible numbers have on our 
economy, both now and in years to come.
  For example, yesterday the Federal Reserve Chairman warned us that 
the federal budget is on an unsustainable path. In 1987, when the 
national debt was approaching $1 trillion, then-President Ronald Reagan 
called it ``out of control.'' One can only imagine what he would be 
saying today.
  Some on the other side of the aisle argued that voting against the 
debt extenders is about partisan politics and that borrowing another 
$80 billion from China to pay for these programs is somehow just 
another drop in the bucket.
  I have to respectfully disagree. That could not be further from the 
truth. When, if not now, when our Nation's debt is growing at a record 
pace with no end in sight, will we as elected officials start standing 
up and making the

[[Page 10437]]

hard decisions we were sent here to make? Today I am saying to my 
colleagues: Please start to tear down the terrible prison of debt we 
are building for our children, our grandchildren, and our great-
grandchildren. We need to start finding ways to pay for things and stop 
spending so much, stop treating everything as an emergency to try to 
get around the pay-go rules put in place before I got here.
  If we continue down this path of reckless spending and borrowing, I 
believe--and others do throughout the country--the consequences are 
dire. To be blunt, the push for higher taxes and more dependence on 
government debt threatens American leadership in the world as well as 
our national and economic security. As we continue to borrow more and 
more from countries that are not necessarily friendly to us, it leads 
us down a path similar to what we are seeing with the European model as 
it is decaying before our very eyes.
  Look at Greece right now, where unchecked government spending has 
threatened the financial stability of the entire European Union. We are 
at a point where soon our excessive level of debt will start to hinder 
the economic growth we so desperately need to get the economic engine 
moving and continue to create jobs and be competitive.
  Make no mistake, I believe we should temporarily extend unemployment 
benefits and other measures such as the summer jobs program and address 
the critical issue of lack of jobs for American citizens. We can and 
should provide temporary relief for the neediest among us, but we need 
to find a way to pay for it without taxing or resorting to borrowing 
more money. The fact is, we could easily pay for these extensions by 
cutting unnecessary spending such as the nearly $50 billion of unused, 
unallocated, or unobligated stimulus funds. Instead we are raising 
permanent taxes by more than $50 billion extra, including taxes on 
entrepreneurial businesses and investors, the venture capitalists that 
hope to be the economic engine and job creators of tomorrow.
  The administration and the majority party say these taxes are 
necessary to help to partially offset this extension, but these taxes 
are necessary because of our reckless spending habits. During the last 
18 months, this administration and the Congress have spent more money 
than the previous administration spent on Iraq, Afghanistan, and the 
Katrina recovery combined. It was with straight faces they promised to 
usher in a new era of fiscal responsibility.
  Last year the President and the Congress pushed through an Omnibus 
appropriations bill that included an 8-percent increase in 
discretionary spending. This was followed by the infamous, nearly 
trillion-dollar stimulus bill that has not created one new net job. In 
fact, the unemployment rate in Massachusetts alone since its passage 
has increased. The President signed another omnibus spending bill with 
a 12-percent annual increase and jammed through the trillion-dollar, 
government-run health care bill that was at great cost and clearly was 
opposed by the American people.
  The problem is on both sides of the aisle. The President has said he 
would like to go through the Federal budget line by line and identify 
wasteful programs. By golly, let's do it. Let's do a top-to-bottom 
review of every Federal program, weed out the waste and fraud and put 
what is left over to help with these needed programs. In his budget, 
the President has identified programs to terminate and cuts that would 
save nearly $25 billion next year. Let's do it. This could help pay for 
some of these emergency extensions.
  Yet year after year, Congress continues to earmark their special pet 
projects within the budget without any hope for any type of termination 
of that practice.
  In addition, we need to do a top-to-bottom review of all Federal 
programs, including the military, and we must get aggressive about 
reining in waste, fraud, and abuse and demand a clawback of some of the 
billions in overpayments made to Federal contractors that have been 
owed to us for many years. Let's use that money to help offset the 
amount we are trying to pay in the extenders bill. Fraud in Medicare 
and Medicaid costs the taxpayers more than $60 billion annually, and 
the GAO has investigated numerous programs that are failing to fulfill 
their missions. Yet more money from Congress is given to them each 
year, year after year. No respectable business would be run this way, 
not in Massachusetts, not in New Hampshire, not anywhere.
  There is no shortage of ways Washington can rein in its excessive 
spending habits while also funding these worthwhile programs. But it is 
going to require elected officials to make hard and even sometimes 
unpopular choices. If we begin using commonsense steps to get our 
fiscal house in order, we can absolutely put our country back on a path 
to fiscal security, get back to fiscal sanity, and get our appetite for 
spending and borrowing under control. Both are crucial for the fiscal 
and economic stability of our country.
  We can start down the path today by saying no to the extender bill 
that would add close to $80 billion to our over $13 trillion national 
debt right now, an amount we cannot afford and something our children, 
grandchildren, and great-grandchildren will be forced to pay back.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant bill clerk proceeded to call the roll.
  Mr. FRANKEN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                             CALL TO ACTION

  Mr. FRANKEN. Madam President, I rise to speak about the BP Deepwater 
Horizon oilspill and the need for comprehensive energy legislation.
  We just defeated a resolution that was an attempt to take our country 
backward in our energy policy at a time when moving forward could not 
be more critical. We are in the midst of the worst environmental 
catastrophe in our Nation's history. This oilspill is a tragedy--a 
tragedy for our environment; our wildlife, which is dying in a coat of 
crude; a tragedy for the people of the gulf whose land and livelihood 
have been destroyed and threatened; and a tragedy for the workers on 
that oil rig who were killed or injured and their families.
  My constituents are furious, and so am I. I have gotten over 5,000 
calls and letters from Minnesotans demanding action and accountability 
for this disaster.
  Well, let there be no question: BP, British Petroleum, will be held 
responsible for all costs incurred as a result of this oilspill. The 
company had no viable plan in place to deal with a spill of this 
magnitude. It is an outrage, and the taxpayers must not be left holding 
the bag for BP's failure.
  But some losses can never be recovered. Fragile ocean and coastal 
ecosystems have suffered irreparable harm, with massive losses of birds 
and fish and damages to wetlands that provide a critical buffer against 
gulf hurricanes. Fishermen will have no way to support their families 
in these tough times. And kids will go to the beach only to find sand 
and water drowned by oil. Worst of all, we can never replace the 11 
workers who lost their lives in this tragedy, nor can we hope to fully 
compensate the families of the victims for their losses--losses that 
were entirely preventable.
  While we do not yet know all of the technical details of why this 
spill occurred, one thing is clear: BP blatantly neglected to invest in 
safety, and the Federal Government did not do a thing to hold the 
company accountable.
  BP knew about safety concerns on the Deepwater Horizon long before 
the explosion occurred in April. The New York Times reports that BP 
knew 11 months ago that there were potential safety problems with the 
well casing and the blowout preventer. The casing BP installed last 
summer was never proven to withstand the water pressure

[[Page 10438]]

of deepwater drilling. Shortly before the explosion in April, the 
company installed a risky, cheap casing--to save money.
  And then there is the blowout preventer, which is supposed to close 
off the well in the case of a disaster. The blowout preventer was 
malfunctioning and leaking fluid a month before the explosion, and BP 
knew this, but BP chose profits over safety.
  Where was the Federal Minerals Management Service during all of this? 
Where was the body charged with regulating safety in the oil industry? 
This was a dismal failure of Federal oversight, with exemption after 
exemption granted to BP by an ineffective agency overridden with 
conflicts of interest. The ineffectiveness of MMS is inexcusable. Just 
earlier this week, I asked MMS for a list of all of BP's deepwater 
projects in the gulf--a seemingly simple task. Instead of getting me a 
list, MMS told my staff they did not know how many deepwater projects 
BP has in the gulf. This is unconscionable.
  BP's poor safety record is not new. OSHA data compiled by the Center 
for Public Integrity shows that the company accounted for 829 of the 
851 willful safety violations industry-wide at oil refineries cited by 
OSHA in the last 3 years. Those numbers speak for themselves.
  It is not that BP could not afford to invest in safety. This 
recession, which has been devastating to so many families in Minnesota, 
in New Hampshire, and across the country, has been a lucrative time for 
BP. The company's first-quarter profits this year amounted to over $6 
billion--$6 billion. That is more than double their first-quarter 
profits from last year. And we found out recently that BP has spent $50 
million on advertising to manage its image after the oilspill and plans 
to pay over $10 billion in dividends to its shareholders this week. I 
would suggest they hold off on that.
  So this is not a company that could not afford to invest in safety. 
They just chose not to. Let me repeat that. This is not a company that 
could not afford to invest in safety. They just chose not to. And if 
they had, those 11 workers would be alive today and their families 
would have them.
  But we cannot only look back. We have to look forward. If there was 
ever a moment in our history when it has become obvious we cannot drill 
ourselves to energy independence, it is now. We are not just talking 
about caring for the environment or worker safety. This spill is a call 
to action to secure the future of our country. It is time to kick our 
addiction to oil. We need to face our energy challenge head-on and 
enact bold, comprehensive energy and climate legislation, and we need 
to do it now.
  We know it can be done. Minnesota is a national leader in renewable 
energy policies. My State produces 9.4 percent of its electricity from 
wind power--the second highest in the country. We are well on our way 
to meeting our State renewable energy standard of 25 percent renewable 
energy by 2025, and we have passed a law to increase our ethanol blend 
to 20 percent starting in 2013. Minnesota shows us what is possible as 
a country.
  There are still Members of this body who argue that comprehensive 
energy and climate legislation can wait, that we can continue with 
business as usual. Well, that argument simply does not hold. What will 
it take--what will it take--beyond the biggest oilspill in our 
country's history to convince skeptics it is time to wean our country 
off of oil? How many more oilspills will it take?
  Today, we face a choice. We can choose not to enact comprehensive 
legislation that puts a price on carbon and watch as the clean energy 
jobs and innovation of the 21st century go oversees to China and Japan 
and India and South Korea and Germany--you name it--because those 
countries definitely are not waiting to act. China is now the largest 
manufacturer of wind turbines and solar panels in the world. It is 
adding 100,000 new clean energy jobs every year. Those are jobs that 
should be here in America. Our other choice is to spur American 
innovation and create jobs to build a new economy based on clean 
energy. I can guarantee you that you are never going to see a 60-day 
ethanol spill threaten the livelihoods of shrimpers and oystermen and 
fishermen. And you are never going to see a wind turbine blow up and 
pollute the ocean and threaten all manner of wildlife and the coastline 
of America or kill 11 men. So the choice is obvious to me, and it is 
obvious to the rest of the world too.
  Earlier this week, I was in a meeting, and I heard a story about 
German Chancellor Angela Merkel. When someone asked the Chancellor 
about encouraging U.S. companies to support a price on carbon, she 
said: No, I don't want to do that; I don't want to wake the sleeping 
economic giant that is the United States. She and the rest of the world 
know that if we do not put a price on greenhouse gas emissions, America 
stands to lose. We stand to lose our jobs to other countries, and we 
stand to lose the essence of what has made America great all throughout 
history--our ability to innovate, to create, to solve the world's 
problems through new technologies that make the world a better place to 
live. Well, we just cannot let that happen.
  It is not going to be easy to transition away from oil. But running 
away from challenges has never been the American way. The American way 
is to face our problems and to innovate ourselves out of them. That is 
what has made us the global economic leader.
  So now is our time to lead again. If we do not act on comprehensive 
energy and climate legislation, even after this catastrophe in the 
gulf, our children and our grandchildren are going to look back on this 
and on us with complete bewilderment: What were they waiting for? That 
is what they are going to ask. What were you waiting for?
  This moment and this oilspill remind me of the fable of the man stuck 
on the roof during a flood. Someone comes up to him with a ladder, as 
the waters rise, but he waves them away, saying: No, no, no, go save 
others. I know God will save me.
  The water gets higher, and a man in a rescue boat comes along to help 
him.
  He said: No. Fine. Fine. God will save me.
  Then a helicopter comes, and the man yells up: No, no, leave me. God 
will save me.
  Finally, the waters rise to the roof and the man drowns, and in 
heaven, he asks God: Why didn't you save me?
  And God says: What do you mean? I sent you a ladder, a boat, and a 
helicopter. What else does it take?
  Right now, the United States is the man on the roof, waiting, as our 
energy problems get worse and opportunities pass us by one by one. 
Well, I am not willing to let that happen. In the coming months, we in 
this great body are going to have to work together, make compromises, 
and craft a long-term energy and climate policy that serves our country 
for the betterment of future generations. I want to be able to look my 
grandchildren in the eye, I want to be able to look my great-
grandchildren in the eye, too, and tell them that we did everything we 
could to leave this world a better place than the one we were born 
into. The stakes are too high not to act, and not to act now. So let's 
work to craft a comprehensive energy policy.
  Madam President, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Merkley). Without objection, it is so 
ordered.
  Mr. DURBIN. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                               SWIPE FEES

  Mr. DURBIN. Mr. President, 2 weeks ago, we considered the Wall Street 
reform bill, and the occupant of the chair was a key player in the 
activities of the Banking Committee that led up to the floor 
consideration.

[[Page 10439]]

  I offered an amendment during the course of that debate on the Wall 
Street reform bill. I knew that the basic reason for Wall Street reform 
was twofold: holding big banks accountable for how they operate and 
empowering consumers to make good financial choices.
  The bill Senator Dodd and the committee brought to the floor was a 
strong one. In the process of taking up and voting on amendments, in 
many ways the Senate made the bill even stronger. Now a conference with 
the House is underway, and I look forward to seeing the best Wall 
Street reform bill possible signed into law by President Obama.
  During the course of that debate, I offered an amendment to the bill 
that attracted a lot of attention--more than I anticipated. My 
amendment sought to give small businesses and merchants and their 
customers across America a real chance in the fight against the 
outrageously high swipe fees charged by Visa and MasterCard credit card 
companies.
  Nearly $50 billion in credit and debit card interchange fees are 
collected each year, and this interchange system is entirely 
unregulated.
  To explain the process, if I go to my favorite restaurant in Chicago 
tomorrow night with my wife and receive my bill and hand over my credit 
card to that restaurant--and let's say the bill is for $100--the credit 
card company will honor the bill, pay it to the restaurant, but then 
charge the restaurant as much as 3 percent of the bill for the use of 
my credit card, and that is known as a swipe or interchange fee.
  You might say, well, doesn't the restaurant negotiate with the credit 
card company about whether it is 3 percent, 2 percent, or 1 percent? 
The answer is no. Those fees are dictated by the credit card companies. 
Merchants and businesses have little power in even challenging, let 
alone changing, the so-called interchange and swipe fees.
  Other than my credit card, I could present something known as a debit 
card, which more and more people use every day. A debit card, instead 
of allowing the Visa company to pay my bill, and then I pay them, 
actually would deduct the money from my checking account, so the money 
moves directly from my bank through to the bank of the restaurant to 
pay the bill.
  In that situation, the credit card company is not on the hook very 
much because the money is moved directly from the checking account to 
the account of the restaurant. It is not a question of whether I pay my 
monthly bill or whether I pay the interest on that bill; there is very 
little risk associated with the so-called debit card.
  Yet what we are finding is that the credit card companies are 
charging the same fees for debit cards they are charging for credit 
cards. Merchants and businesses across America say there is not as much 
risk associated with them, so why are they charging more? That is the 
basic mechanism that I approached with my amendment, which was adopted 
on the floor with 64 Senators voting in favor.
  Visa and MasterCard dominate the credit and debit card industry in 
America. They establish the interchange rates that all merchants--and 
by extension, their customers--pay to banks whenever a card is swiped 
or used. There is no one watching out in the process for businesses and 
consumers. There is no agency of government with the authority to 
ensure that these fees charged by the credit card companies are 
reasonable. Visa and MasterCard just set the fees as they see fit and 
tell the merchants to take it or leave it. But how easy would it be to 
run a restaurant or major business in America today if you didn't 
accept credit and debit cards?
  Visa and MasterCard envision an American economy where ultimately all 
sales are conducted electronically across their networks, where they 
and the card-issuing banks receive a cut of every sale and transaction 
in America.
  It is no surprise they want as big a cut as possible. They want to 
maximize their profits. Right now, they have the market power to make 
that happen. They can raise their fees whenever they want.
  Who ends up paying the highest interchange fees charged by these 
credit card companies such as Visa and MasterCard? Small businesses. 
Many of them are literally driven out of business by these high fees 
they cannot control and cannot negotiate. They don't have the market 
power to do it. Those who stay in business have to raise the prices on 
customers to pay the fees.
  My amendment requires debit card fees to be reasonable, and it cleans 
up some of the worst abuses by Visa and MasterCard.
  Yesterday, we had a hearing in the Senate Judiciary Committee and 
present was an Under Secretary in the Department of Justice, Christine 
Varney. She is in charge of the antitrust section. I asked her whether 
the recent reports that had been published in many newspapers across 
America that the major credit card companies are being investigated by 
the antitrust division were true. She said she could not comment on the 
case other than to say they have verified the fact that an antitrust 
investigation is underway against Visa and MasterCard.
  I applaud that. I understand why she could not go into detail. I 
applaud that investigation. These major credit card companies have 
become so big and powerful and coordinate their activities so much that 
I think such an investigation is long overdue.
  My amendment requires that debit card fees be reasonable, and it 
cleans up some of the worst abuses. The amendment was adopted with 64 
Senators voting in favor, including 17 Republicans. It was a major 
victory for small business and merchants and consumers across America. 
It will help small businesses grow and create jobs, which we definitely 
need in this economy, and it will put us back on sound economic 
footing. It will help American families, each of whom pays an estimated 
$427 a year, to subsidize this $50 billion interchange fee system for 
Visa and MasterCard.
  I thank each of my colleagues who joined me in that vote, including 
the Presiding Officer.
  I know my amendment has earned me the wrath of Wall Street, the wrath 
of the big banks, and the wrath of Visa and MasterCard. Even before the 
last votes were counted on my amendment, Visa and MasterCard and 
lobbyists for the big banks were already plotting a way to kill this 
amendment. Financial industry lobbyists are swarming the Halls of 
Congress as we speak. You can hear the stampede of the Gucci loafers 
around every corner. They are arguing that reducing debit card 
interchange fees to a reasonable level, as my amendment would require, 
is unacceptable. In their view, there is absolutely nothing wrong with 
charging unreasonably high fees in a business where there is virtually 
no competition.
  I urge my colleagues to consider the enormous benefits of the 
amendment that was adopted. Our language will help every single Main 
Street business that accepts debit cards keep more of their money, 
which is a savings they can pass on to their consumers. Every grocery 
store, convenience store, flower shop, and every restaurant will be 
able to reduce the fees they paid to the big banks for debit card 
transactions.
  This is a real boost for that industry and, believe me, they know it. 
They are fighting hard to convince Members of the House now that what 
we did in the Senate is the right thing for small business across 
America. It has led the Merchants Payments Coalition, this group that 
came together in support of my amendment--2.7 million merchants, 
representing 50 million American employees--to endorse this bill--the 
overall bill--and to work for its passage because of this amendment.
  It is not just businesses that benefit from the amendment. Charities 
will benefit. Think about that. Charities that accept donations by 
debit cards will see a savings. Universities will save money on card 
fees, and so will public agencies, such as your local motor vehicle 
commission in your home State, public transit agencies, and even the 
U.S. Postal Service.
  Also, under my amendment fewer taxpayer dollars will be spent by 
local, State, and Federal Government agencies for the payment of these 
interchange fees.

[[Page 10440]]

  I am going to hold a hearing next week in my appropriations 
subcommittee about the amount of money paid by American taxpayers each 
year to Visa and MasterCard for interchange fees. It is an enormous 
amount of money. It is an amount that I think is unwarranted because, 
basically, the Federal Government is going to pay these bills. No 
question about it. Yet some of the interchange fees charged to our 
government are much higher than the fees charged to businesses.
  Last year, the city of Chicago paid $7.5 million in interchange fees. 
The Illinois Tollway authority paid $11.6 million in interchange fees. 
Our cities' transit agencies and units of government could put this 
money to better use than paying Visa and MasterCard.
  Next week, this hearing will bring out the amount of money paid by 
the Federal Government. Consumers will benefit from the amendment as 
well. Debit interchange fee reductions will lead to lower consumer 
prices at grocery stores, convenience stores, and other retailers that, 
unlike Visa and MasterCard, have to vigorously compete with one another 
on price. They will have an incentive to pass the savings on to their 
consumers.
  My amendment explicitly allows merchants to provide discounts when a 
customer pays by cash, check, or debit, instead of credit.
  I told a story on the Senate floor before, and I think it illustrates 
perfectly what we are up against. When you go to the airport to leave 
town, there are places where you can buy magazines, newspapers, chewing 
gum, and the like. I was standing in line at a register while somebody 
in front of me took a package of chewing gum, put it on the counter, 
and handed over a credit card.
  I noticed as she rang up the $1.50--whatever it was--and started 
running the credit card through that the cashier was doing this 
routinely. I asked her afterward, when I was next up: Is that the 
lowest amount anyone put on a credit card while you have worked here?
  She said: No. Thirty-five cents is the lowest amount.
  I guarantee that merchant lost business, probably on the $1.50, 
certainly on the 35 cents, because they have to pay the credit card 
company regardless of the amount of the purchase, and the credit card 
company forbids, prohibits the merchant, the business from saying: You 
can't use a credit card for something, for example, that is under $5. 
They cannot do it.
  What we are trying to do is create some sense where we do not 
penalize merchants and small businesses. I know Visa and MasterCard are 
throwing a lot of money into their campaign against my amendment. It is 
one of the most fiercely lobbied provisions I have seen since I have 
served in the Congress. I have heard their arguments, and they just do 
not hold water.
  They argue that there have been no hearings in Congress on the issue 
of interchange fees prior to my amendment. Actually, in the last 5 
years, there have been six congressional hearings specifically on 
interchange fees, plus two reports from the General Accountability 
Office.
  The second myth they have been pushing is that my amendment will hurt 
small banks and credit unions. Mr. President, we discussed this after 
the amendment passed, when you were on the floor. As a result of my 
amendment, which I changed at the last moment, it says that any 
institution issuing a credit card with less than $10 billion in assets 
is not covered by the provisions of my amendment--$10 billion. That 
means that out of 8,000 credit unions across America, exactly 3 would 
be governed by my amendment. Yet the credit union industry and all of 
their representatives are roaming all over Capitol Hill saying: This is 
going to kill us. In fact, they are specifically exempted from this 
amendment.
  When it comes to banks, the $10 billion asset threshold would mean 
that out of about 8,000 banks in America, only about 90 will end up 
being covered by this amendment.
  You say to yourself: Durbin, why did you go through all this trouble 
for 90 banks and 3 credit unions? It turns out that these 90 banks and 
3 credit unions do 65 percent of the credit card business in America. 
The big boys are the ones who will be touched by this amendment, as 
they should be.
  I heard this line from the Independent Community Bankers of America 
and the Credit Union National Association, that they are the ones who 
are going to be hurt. Three credit unions, 80 banks, or 90 at the most, 
will be affected by it.
  I just sent a letter to these organizations telling them what I have 
been telling small banks and credit unions in my home State of 
Illinois--that my amendment will not disadvantage them. In fact, we 
went to great lengths to protect them. We exempt 99 percent of the 
banks and 99 percent of the credit unions.
  Visa and MasterCard cannot come here and lobby and expect anybody to 
believe them because we know what credit card companies do to you. They 
do not have a lot of friends on Capitol Hill. The big banks, the ones 
that issue the credit cards, cannot come around either, basically 
because the Wall Street reform bill was focused on these banks and some 
of their nefarious activities, at least questionable activities. Whom 
do they have fronting for their arguments? The little credit unions 
that come in and say this is going to be terrible. What they do not 
tell Members of Congress is that the Durbin amendment specifically 
exempts them from any coverage of this amendment.
  My amendment does not allow merchants to discriminate against cards 
issued by small banks or credit unions. That is another argument they 
make: If the Durbin amendment goes through, a lot of businesses and 
restaurants will not take the credit cards issued by the small 
institutions. There are specific provisions now that prohibit 
discrimination against the issuer of the credit card. Those are not 
changed by the Durbin amendment.
  Credit unions fear the card networks will reduce their fees if this 
provision is enacted. Imagine--think this through. Since the Durbin 
amendment will not change the fees small banks issuing credit cards 
will receive, they are afraid that out of spite Visa and MasterCard 
will unilaterally cut their fees. I have news for them: Visa and 
MasterCard can do that today even without the Durbin amendment. They 
have the power to dictate these interchange fees to small banks and 
credit unions alike. That is what is fundamentally unfair, and that is 
the situation facing merchants and businesses across America today.
  I hear small banks say that even though the Durbin amendment reduces 
the interchange fee rates, Visa and MasterCard are threatening that if 
the amendment becomes law, they are going to go ahead and reduce the 
rates they set for small banks. That is certainly in their power today, 
but it is certainly against the economic interests of Visa and 
MasterCard.
  Small banks have to understand--credit unions as well--that Visa and 
MasterCard want more credit cards out there, more people using them. 
Discouraging the use of credit cards is certainly not in their business 
model. Visa and MasterCard only get paid if the card is actually swiped 
or the interchange fee is charged. They would lose that revenue if they 
cut small bank interchange fees so much so that the banks would stop 
issuing credit cards.
  The only reason Visa and MasterCard might decide to reduce small bank 
debit interchange rates is if the big banks told Visa and MasterCard 
not to let the small banks get more interchange revenue than they do. 
Big banks hate the thought of small banks getting higher interchange 
rates because the small banks could use that money to eat into the big 
banks' share of the debit card issuer market.
  Many have long suspected that Visa and MasterCard operate primarily 
to serve the big banks. We are certainly going to find out.
  I say to those who have come to lobby me for over 25 years from the 
credit union industry, I am really troubled by the pattern of conduct I 
have seen on this legislation. I saw it before when we were dealing 
with the issues of bankruptcy and foreclosure, when we specifically 
exempted the credit unions, and yet they refused to break

[[Page 10441]]

from the biggest bankers--the American Bankers Association--in their 
position on this issue. We are seeing it again today. We specifically 
exempt all but three credit unions, and the credit unions are doing the 
bidding of the big banks and the credit card companies.
  I think of the origin of credit unions, which came to be when people 
across America decided they wanted to have a fighting chance against 
banks, that they would come together, pool their savings, and loan to 
one another with reasonable interest rates. We rewarded this credit 
union model by saying we would not consider them for-profit banks. We 
would exempt them from certain Federal taxation because they were 
different--different in their goals, different in their principles, 
different in their business models.
  But the more I watch them on issue after issue, there is not a dime's 
worth of difference between the big banks and the credit unions when it 
comes down to the really tough issues. As soon as the big banks snap, 
the Credit Union Association jumps. That is what is going on here. It 
is unfair to those who honor the credit union movement and what it 
stands for, and it is unfair that their leaders do not have at least 
the vision to understand that this kind of approach is at the long-term 
expense of the reputation of a fine association which has served so 
many millions of Americans, including my family, for a generation.
  The banks also argue that because my amendment requires debit fees to 
be reasonable and proportional to the cost of processing a transaction, 
they will not be able to cover the possible risk of fraud. That is a 
pretty bold argument for them to make.
  Visa, MasterCard, and the banks for years have been urging consumers 
to use payment methods that run higher fraud rates. On April 21, an 
article ran in the American Banker entitled ``Counterintuitive Pitch 
for Higher-Fee Debit Category.'' The article discusses how JPMorgan 
Chase, one of the Nation's largest debit card issuers, has urged all 
its customers to sign for its debit transactions rather than enter a 
PIN number. As the article points out, entering a PIN number greatly 
reduces the risk of fraud. The reason JPMorgan Chase urged its 
cardholders to use signature debit cards is the interchange fees for 
signature cards are higher. They make more money when you sign than 
when you use a PIN number. They are willing to absorb the possibility 
of fraud in a signature rather than in a PIN number, which is more 
secure. The banks do not appear to be nearly as concerned about lower 
fraud as they are about higher fees.
  Visa, MasterCard, and the banks have also been blocking the 
introduction of fraud-proof card technology in the United States, again 
because they want to keep interchange rates high. For example, many 
countries have chip and PIN cards where a card has a microchip that can 
only be activated by the use of a PIN number. The banks and card 
companies in this country have stifled that technology.
  When debit fraud does happen today, the big banks usually try to 
charge back the fraud loss to the merchants on the grounds that the 
merchants somehow violated Visa's and MasterCard's operating rules.
  As long as big banks are guaranteed the same interchange revenue no 
matter how much or how little fraud they have, the banks have no 
incentive to keep fraud costs low. My amendment will give big banks a 
real incentive to reduce fraud.
  Finally, I hear the banks argue that by reducing debit interchange 
fees, my amendment would force the banks and card companies to raise 
fees on customers. I try not to laugh when I hear this one because when 
were the banks and card companies not raising fees on their customers? 
Didn't we just see them fall all over themselves to gouge cardholders 
before last year's Credit CARD Act took effect? I cannot tell you how 
many letters I received in the mail during the grace period before the 
law went into effect announcing higher interest rates on the credit 
cards my family uses. It is not as if banks and card companies were 
reducing fees to cardholders as interchange rates were being hiked over 
the last few years. Rather, they ratcheted up fees on both the 
cardholder side and on the merchant side. They try to take advantage of 
both sides whenever they can.
  We need to ensure that this system works fairly both for consumers 
and for small businesses. And last year's Credit CARD Act and my 
amendment will work together to do so.
  In conclusion, I call on my colleagues to stand up for the merchants 
and small businesses across America, to push this amendment across the 
finish line in the conference committee on Wall Street reform. This 
amendment represents one of the biggest wins for small businesses and 
consumers in years. It will help small businesses grow and create more 
jobs. Do not let the Wall Street lobbyists and the friends of the 
credit unions who are working for them fool you. This is all about big 
bank profits. Do not let them kill this amendment. Do not let them 
bring down this broad, bipartisan effort to give small businesses a 
fighting chance against Visa and MasterCard.
  Mr. President, I yield the floor. I see my colleague from North 
Dakota is with us.
  The PRESIDING OFFICER. The Senator from North Dakota.

                          ____________________




                          BP'S RESPONSIBILITY

  Mr. DORGAN. Mr. President, I come to the floor to speak about the 
START treaty briefly. Before I do, let me mention, as I have 
previously, that I have been sending messages to the Justice Department 
and others. I was pleased with the Attorney General's comments today 
about the oilspill in the gulf, the gusher of oil that continues in the 
gulf, and about BP's responsibility.
  There is no question that BP has said they pledged to cover 
legitimate costs as a result of this oilspill. The question I have is, 
Is that a binding agreement? And the answer from the Justice Department 
at a hearing recently was, no, it is not binding. If that is the case, 
if it is not binding--and I believe it is not--we need to move to take 
steps to make that pledge binding.
  There are people today who are trying to figure out how on Earth do 
they get through this situation. In addition to oil spilling out into 
the gulf--and it has been doing that I think for 52, 53 days--there are 
people on a dock in a small town somewhere who are fisher men and 
women. They have a boat and they fish for a living. But their boat is 
idle at the end of the dock because they cannot fish. Yet they have to 
make a payment on that boat at the end of the month. Up and down the 
gulf, there are significant consequences of this situation. The 
question is, Who is going to reach out to help those folks? They did 
not cause these problems.
  I think it is important for BP to be asked to put a significant 
amount of money into a fund, a recovery fund of sorts, and that fund be 
handled by a special master and perhaps by a counselor from BP.
  In any event, it is important to turn this from a pledge into a 
binding commitment and to do so soon so that money begins flowing to 
those who are substantially disadvantaged by what has happened and this 
disaster that has occurred in the Gulf of Mexico.

                          ____________________




                              START TREATY

  Mr. DORGAN. Mr. President, let me speak for a moment with respect to 
the New START treaty. Strategic arms reductions are very important. We 
do not think about them very much. We deal with big issues and small 
issues in the Senate. Sometimes the small issues get much more 
attention than the big issues. But one is coming for sure to the floor 
of the Senate that is a very big issue; that is, the Strategic Arms 
Reduction Treaty that was negotiated with the Russians. This is really 
a big issue and very important. I want to describe why and describe why 
I feel so strongly about it. I have spoken on the floor previously 
about this, but I want to do it again, describing a Time magazine 
article from March 11, 2002. The March 11, 2002, Time magazine article 
referred back to 2001, right after 9/11--It said this:

       For a few harrowing weeks last fall, a group of U.S. 
     officials believed that the

[[Page 10442]]

     worst nightmare of their lives--something even more horrific 
     than 9/11--was about to come true. In October, an 
     intelligence alert went out to a small number of government 
     agencies, including the Energy Department's top-secret 
     Nuclear Emergency Research Team, based in Nevada. The report 
     said that terrorists were thought to have obtained a 10-
     kiloton nuclear weapon from the Russian arsenal and planned 
     to smuggle it into New York City. ``It was brutal,'' a U.S. 
     official told Time. It was also highly classified and closely 
     guarded. Under the aegis of the Whitehouse's Counterterrorism 
     Security Group . . . the suspected nuke was kept secret so as 
     not to panic the people of New York. Senior FBI officials 
     were not in the loop.

  Some while later, Graham Allison, who is an expert on nuclear 
proliferation wrote about this incident in a book titled ``Nuclear 
Terrorism: The Ultimate Preventable Catastrophe.'' In his book, he 
points out:

       One month to the day after the attacks of 9/11, a CIA agent 
     codenamed Dragonfire reported that al-Qaida terrorists had 
     stolen a ten kiloton Russian nuclear bomb from the Russian 
     arsenal and may have smuggled it into New York City. Vice 
     President Cheney moved to a secret mountain facility along 
     with several hundred government employees. They were the core 
     of an alternative government that would operate if 
     Washington, DC were destroyed. President Bush dispatched 
     Nuclear Emergency Support Teams to New York to search for the 
     suspected nuclear weapon. To not cause panic, no one in New 
     York City was informed of the threat, not even Mayor 
     Giuliani. After a few weeks, the intelligence community 
     determined that Dragonfire's report was a false alarm.

  But as they did the postmortem on this, they understood that no one 
claimed it could have been impossible that a nuclear weapon could have 
been stolen from the Russian arsenal. No one claimed it would have been 
impossible--having stolen a Russian nuclear weapon--to smuggle it into 
New York City or a major American city. No one claimed it would have 
been impossible for a terrorist group--who wanted to kill several 
hundred thousand people with a nuclear weapon--to have been able to 
detonate that nuclear weapon.
  Now, as I indicated, I describe that as it was described in Time 
magazine in 2002, and as it was written about in the book by Graham 
Allison, a former Clinton administration official, in his book titled, 
``Nuclear Terrorism: The Ultimate Preventable Catastrophe.'' I describe 
that and the apoplectic seizure that existed in parts of the U.S. 
government when it was thought that 1 month after 9/11 al-Qaida had 
stolen a nuclear weapon and was prepared to detonate it in an American 
city. And on that day, we wouldn't have had 3,000-plus Americans 
murdered, we would have had hundreds of thousands of Americans losing 
their lives. Yet that was about one nuclear weapon--one, just one. The 
loss of one nuclear weapon.
  Now, it turns out it Dragonfire's report wasn't true. The FBI agent 
codenamed Dragonfire heard it, passed it along, but it turned out it 
was not accurate. But that was just one nuclear weapon. There are about 
25,000 nuclear weapons on this planet. This chart shows the Union of 
Concerned Scientists' estimate for 2010 estimate that Russia has 15,100 
nuclear weapons, the United States has 9,400, China about 240, France 
300, Britain 200, and Israel, India, Pakistan, and North Korea each 
have some. So 25,000 nuclear weapons, and I have described the terror 
of having just one end up in the hands of a terrorist group. If it ever 
happens--when it ever happens, God forbid--and hundreds of thousands of 
people are killed, life on this planet will be changed forever.
  Now, Mr. President, we have a lot of nuclear weapons on this planet 
of ours, and we understand the consequences of their use. These 
pictures from August of 1945 show the consequences of the dropping of 
two nuclear weapons--one in Hiroshima and one in Nagasaki. Those 
pictures are, all these years later, still very hard to look at. That 
is the consequence of two nuclear weapons.
  I was recently in Russia visiting a site that we fund in the Congress 
under the Nunn-Lugar program. I want to show some photographs about 
what we have been doing to try to back away from the nuclear threat, to 
try to see if we can reduce the number of nuclear weapons and the 
number of delivery vehicles to deliver those nuclear weapons.
  This is a photograph of the dismantlement of a Blackjack bomber. This 
Blackjack bomber was a Russian bomber--a Soviet Union bomber prior to 
Russia--that would carry a nuclear weapon that would potentially be 
dropped on the United States, then an adversary during the Cold War. 
You can see that we dismantled that Russian Blackjack bomber, and this 
is a piece of a wing strut.
  I ask unanimous consent to show a couple of samples.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. This is a piece of a wing strut of a Russian bomber. We 
didn't shoot it down. We cut the wing off. I happen to have a piece of 
it. This was happening because our colleagues, Senators Nunn and Lugar, 
put together a program by which we actually paid for the dismantlement 
of Russian bombers.
  I also have copper wiring from the ground-up copper of the electrical 
wires of a Russian submarine. We didn't sink that submarine. We paid 
money to have that submarine destroyed, as part of our agreement with 
Russia to reduce that country's nuclear weapons.
  This is a hinge from a silo in the Ukraine that previously housed a 
missile with warheads aimed at the United States. There is now planted 
on that ground sunflowers, not missiles, because we paid the cost of 
reducing delivery vehicles and reducing nuclear weapons in the 
stockpile of the former Soviet Union.
  This is a program that works--a program that is unbelievably 
important. And as I and some others viewed these programs in Russia, we 
understood again the importance of what we have been doing under the 
Nunn-Lugar program: The Ukraine, Kazakhstan, and Belarus are now 
nuclear weapons free. That didn't used to be the case. There are no 
nuclear weapons in those three countries. Albania is chemical weapons 
free. We have deactivated, under the Nunn-Lugar program, 7,500 former 
Soviet nuclear warheads. And the numbers of weapons of mass destruction 
that have been eliminated, and their delivery vehicles, are 32 
ballistic missile submarines--gone, eliminated; 1,419 long-range 
nuclear missiles; 906 nuclear air-to-surface missiles, and 155 nuclear 
bombers. All of this has been done under a program that very few people 
know about--the Nunn-Lugar program. It works. It is a great program.
  But, as I have indicated, there are still thousands and thousands and 
thousands--it is estimated this year 25,000--of nuclear weapons on this 
planet. So what do we do about that? This administration engaged with 
the Russians for a new treaty because the old START treaty had expired. 
This new treaty--the New Strategic Arms Reduction Treaty--was 
negotiated over a lengthy period of time. It required a lot of 
patience, a great deal of effort, but this administration stuck with 
it. They negotiated, completed, and signed this treaty.
  The President of Russia and our President met in Prague, the Czech 
Republic, and signed this treaty. Now it needs to be ratified by the 
Senate.
  I want to talk just a bit about the need to do that. I think all of 
us understand the urgency. There are some who feel strongly that 
perhaps we should begin the testing of nuclear weapons. I don't support 
that. I don't think we should. I think we need to be world leaders on 
these issues. We have stopped nuclear testing. Others have stopped 
nuclear testing as well, and we ought to continue that posture.
  There are some who feel we should begin building new nuclear weapons. 
I don't believe we should. That doesn't make any sense. That is the 
wrong signal for us to send to the world.
  There are some who believe that we need to make additional 
investments in the area of life extension programs and investments in 
making certain that the nuclear weapons that do exist in the stockpile 
are weapons in which we have the required confidence that those weapons 
are available, if needed. The President has asked that funding to do 
that be made available.

[[Page 10443]]

  I chair the subcommittee that funds those programs, and I believe we 
will make available what the President requests. It is reasonable, it 
seems to me, to not only proceed--hopefully, on a bipartisan basis--to 
address something as important as the START treaty, but at the same 
time make sure that the programs that we have always had--the life 
extension programs and the programs that make sure that we have 
sufficient confidence in the weapons that exist--are funded 
appropriately. That is what the President has recommended in the budget 
that he has sent to the Congress.
  It just seems to me there is so much to commend to this Congress the 
need to ratify an arms control treaty here. Mr. Linton Brooks, the NNSA 
Administrator under George W. Bush, said this, talking about the newly 
negotiated treaty and the President's budget request:

       START, as I now understand it, is a good idea on its own 
     merits, but I think for those who think it's only a good idea 
     if you have a strong weapons program, I think this budget 
     ought to take care of that. Coupled with the out-year 
     projections, it takes care of the concerns about the complex 
     and it does very good things about the stockpile and it 
     should keep the labs healthy.

  I don't quote Henry Kissinger very often, but Henry Kissinger says it 
pretty well when he says:

       It should be noted I come from the hawkish side of this 
     debate, so I'm not here advocating these measures in the 
     abstract. I try to build them into my perception of the 
     national interest. I recommend ratification of this treaty.

  Henry Kissinger says he recommends ratification of this treaty. And, 
finally, the Chairman of the Joint Chiefs of Staff, Admiral Mullen:

       I, the Vice Chairman, and the Joint Chiefs, as well as our 
     combatant commanders around the world, stand solidly behind 
     this new treaty, having had the opportunity to provide our 
     counsel, to make our recommendations, and to help shape the 
     final agreements.

  It is not just us, but it is our children and their children that 
have a lot at stake with respect to reducing the number of nuclear 
weapons, reducing the delivery vehicles. It is the case that the amount 
of plutonium that will fit in a soda can, the amount of highly enriched 
uranium the size of a couple of grapefruits will produce a nuclear 
weapon that will have devastating consequences. So one of our 
obligations is to try to make sure nuclear material--the material with 
which those who wish to make nuclear weapons can make those weapons--
stays out of the hands of terrorists. That is one of our jobs. We are 
working very hard on that. We have programs that work on that 
constantly.
  Second is to stop the proliferation of nuclear weapons. I described 
the countries that we know have nuclear weapons. Now we have to stop 
the proliferation and stop other countries from getting nuclear 
weapons. That is our responsibility. We have to be a world leader to do 
that.
  As I said, if, God forbid, somehow in the future--5 years, 10 years, 
or 20 years from now--a nuclear weapon is exploded in a major city, and 
hundreds of thousands are killed, life on this planet is not going to 
be the same. That is why it seems to me that a very important start--
and this is just a start, not a finish--is to take this treaty that has 
been negotiated, bring it to the floor of the Senate, and have this 
discussion. I would expect there will be Republicans and Democrats who 
will come down on the same side of this issue--that it is a better 
world, a safer world when we meet our responsibility to lead on the 
issues of nonproliferation, when we meet our responsibilities to lead 
on the matter of reducing nuclear weapons and reducing delivery 
vehicles.
  That is what this New START treaty does. It does it in a very 
responsible way. So my hope will be that in the coming 2 months or so 
that we will have a robust discussion of the START treaty and have the 
celebration of having had the debate and had the vote and then 
exclaiming to the world that this was a success--that this treaty was a 
success. Yes, a first step but a success.
  Beyond this treaty, there will be other negotiations that will take 
us to other areas in reductions. I think, as a result, if we do what we 
should be expected to do, this can be a safer world.
  Mr. 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. DORGAN. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Burris). Without objection, it is so 
ordered.

                          ____________________




                  RECOGNIZING THE DAILY SPARKS TRIBUNE

  Mr. REID. Mr. President, I rise today to extend my warmest 
congratulation to the Daily Sparks Tribune of Sparks, NV, on their 
historic milestone.
  The Daily Sparks Tribune is celebrated throughout Nevada for its 
first- class journalism, which continues this week for the 100th 
consecutive year.
  The Tribune has been in circulation since 1910, representing news of 
both Sparks, NV, and the greater State. In 1901, Senator Thomas A 
Kearns bought the newspaper, along with three other regional papers. 
The newspaper now circulates to over 5,000 businesses and homes in 
Nevada.
  The Nevada Press Association has honored the work of the Daily Sparks 
Tribune on many occasions for their outstanding investigatory, 
editorial, journalistic, photographic, and philanthropic 
accomplishments. In 2009 alone, the newspaper received 17 awards in the 
annual Nevada Press Association awards.
  Not only has the Daily Sparks Tribune provided Nevadans with a 
spectacular news source, but it has also become a central part of our 
community.
  I join with Nevadans throughout the Silver State to honor the Daily 
Sparks Tribune for its 100 years of circulation. It is one of Nevada's 
oldest community newspapers, and we wish it many more decades of 
success and readership.

                          ____________________




                       HONORING OUR ARMED FORCES


                      Major Ronald W. Culver, Jr.

  Mrs. LINCOLN. Mr. President, today I honor MAJ Ronald W. Culver, Jr., 
44, of El Dorado. Major Culver was killed May 24 in Numaniyah, Iraq, in 
support of Operation Iraqi Freedom. According to initial reports, Major 
Culver died of injuries sustained when an improvised explosive device 
detonated near his vehicle. Major Culver was assigned to the 2nd 
Squadron, 108th Calvary, Army National Guard, Shreveport, LA.
  My heart goes out to the family of Major Culver, who made the 
ultimate sacrifice on behalf of our Nation. Major Culver's wife and 
children reside in El Dorado. His mother and father live in Shreveport, 
LA.
  As a member of the Louisiana National Guard, Major Culver served 
three tours of duty in Iraq. During his military career, he was awarded 
numerous service medals and was posthumously awarded two Bronze Stars 
and a Purple Heart, as well as a Combat Action Badge from the State of 
Louisiana.
  Culver was an active member of the El Dorado community, serving in 
various capacities with Boy Scouts, Campfire Girls, Union County 4-H 
Foundation board, Saddle Club, Main Street El Dorado, and the John C. 
Carroll VFW Post 2413, where he was the post commander at the time of 
his death.
  Along with all Arkansans, I am grateful for the service and sacrifice 
of all of our military servicemembers and their families. More than 
11,000 Arkansans on Active Duty and more than 10,000 Arkansas 
reservists have served in Iraq or Afghanistan since September 11, 2001.
  It is the responsibility of our Nation to provide the tools necessary 
to care for our country's returning servicemembers and honor the 
commitment our Nation made when we sent them into harm's way. Our 
grateful Nation will not forget them when their military service is 
complete. It is the least we can do for those whom we owe so much.

[[Page 10444]]



                          ____________________




                           HEALTH CARE REFORM

  Mr. BARRASSO. Mr. President, I rise today to address comments made on 
the floor of the U.S. Senate on June 8, 2010. The senior Senator from 
Montana accused me of slandering an individual. That individual is 
President Obama's nominee to be the next Centers for Medicare and 
Medicaid Services, CMS, Administrator, Dr. Donald Berwick.
  The Senator from Montana is incorrect. I want the record to 
accurately reflect the foundation on which I made my comments on the 
floor. I told the Senate that the nominee to be the next CMS 
Administrator ``loves the British health care system and says we are 
going to need to ration care. The new Director of Medicare is planning 
to ration care.''
  I based my comments solely on historic statements made and articles 
written by the nominee about the British health care system and 
rationing care. These statements include:
  1. ``The decision is not whether or not we will ration care--the 
decision is whether we will ration with our eyes open.'' You can find 
this statement in: ``Rethinking Comparative Effectiveness Research,'' 
An Interview with Dr. Donald Berwick, Biotechnology Healthcare, June 
2009.
  2. ``I fell in love with the NHS to an American observer, the NHS . . 
. is such a seductress.'' You can find this statement in: ``Celebrating 
Quality 1998-2008'' by Donald Berwick, M.D., speech at London Science 
Museum, September 30, 2008.
  3. ``The NHS is not just a national treasure; it is a global 
treasure. As unabashed fans, we urge a dialogue on possible forms of 
stabilization to better provide the NHS with the time, space, and 
constancy of purpose to realize its enormous promise.'' You can find 
this statement in: ``Steadying the NHS'' by Donald Berwick, M.D. and 
Sheila Leatherman, BMJ, July 29, 2006, p. 255.
  4. ``Cynics beware: I am romantic about the National Health Service; 
I love it. All I need to do to rediscover the romance is to look at 
health care in my own country.'' You can find this statement in: ``A 
Transatlantic Review of the NHS at 60'' by Donald Berwick, M.D., BMJ, 
July 26, 2008, p. 213.
  5. ``Here [in Britain], you choose the harder path. You plan the 
supply; you aim a bit low; you prefer slightly too little of a 
technology or a service to too much; then you search for care 
bottlenecks and try to relieve them.'' You can find this statement in: 
``A Transatlantic Review of the NHS at 60'' by Donald Berwick, M.D., 
BMJ, July 26, 2008, p. 213.

                          ____________________




                        REQUEST FOR CONSULTATION

  Mr. COBURN. I ask unanimous consent that my letter to Senator 
McConnell dated June 9, 2010, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  U.S. Senate,

                                     Washington, DC, June 9, 2010.
     Hon. Mitch McConnell,
     Senate Minority Leader,
     U.S. Senate, Washington, DC.
       Dear Senator McConnell: I am requesting that I be consulted 
     before the Senate enters into any unanimous-consent 
     agreements or time limitations regarding S. 3019/H.R. 3695, 
     Billy's Law.
       I support the goals of this legislation and believe that 
     information regarding missing persons and unidentified 
     remains should be accurate and properly maintained. However, 
     I believe that we can and must do so in a fiscally 
     responsible manner. My concerns are included in, but not 
     limited to, those outlined in this letter.
       While this bill is well-intentioned, it costs the American 
     people over $64 million. This legislation has received no 
     process in the Senate Judiciary Committee, as it was only 
     recently introduced on February 23, 2010. As a member of the 
     Judiciary Committee, I believe, prior to floor consideration, 
     legislation under the committee's jurisdiction should be 
     processed in regular order. Appropriate hearings and debate 
     in committee markup are essential to all legislation, 
     especially legislation like Billy's Law, which spends 
     significant federal dollars, authorizes new programs and 
     requires the sharing of personally identifiable information 
     between government databases.
       Although additional resources may be necessary, we should 
     act responsibly by reviewing current operations, evaluating 
     their effectiveness, and then determining the best strategy 
     for addressing the areas with the most need. That cannot be 
     accomplished with constant use of the hotline process. The 
     Congressional Research Service estimates that 94% of all 
     measures passed by the Senate do not receive a roll call 
     vote. The hotline process is even more detrimental to 
     transparency and oversight when legislation, like Billy's 
     Law, is hotlined without going through regular committee 
     order.
       Moreover, it is irresponsible for Congress to jeopardize 
     the future standard of living of our children by borrowing 
     from future generations. The U.S. national debt is now $13 
     trillion. That means over $42,000 in debt for each man, woman 
     and child in the United States. A year ago, the national debt 
     was $11.2 trillion. Despite pledges to control spending, 
     Washington adds $4.6 billion to the national debt every 
     single day--that is $3.2 million every single minute.
       In addition to the above, there are several specific 
     problems with this legislation. First, Billy's Law seeks to 
     authorize the National Missing and Unidentified Persons 
     System (NamUs), an online repository for information about 
     missing persons and unidentified remains. However, this 
     database has been in operation, without Congressional 
     authorization, since 2007. Before we seek to condone an 
     existing program by providing a Congressional authorization, 
     we should perform rigorous oversight of NamUs to determine 
     whether there is existing waste, fraud and abuse or ways to 
     increase its efficiency. Without the opportunity to conduct 
     hearings and committee markup, it is impossible to 
     effectively examine and evaluate the current operation of 
     NamUs.
       Second, merely to maintain NamUs, Billy's Law authorizes 
     $2.4 million per year for fiscal years 2011 through 2016, 
     totaling $14.4 million, without corresponding offsets. This 
     authorization exceeds the yearly sum of $1.3 million the 
     Department of Justice indicates is necessary to maintain the 
     database. Furthermore, according to the Congressional 
     Research Service, Congress already provides funding for NamUs 
     via the National Institute of Justice and the Community 
     Oriented Policing Service. I am concerned that this bill will 
     enable NamUs to double dip into multiple sources of funding 
     for the same purposes.
       Third, the bill requires the National Crime Information 
     Center (NCIC) database and NamUs to share information on 
     missing persons and unidentified remains. While the bill 
     requires the Attorney General and Director of the Federal 
     Bureau of Investigation (FBI) to establish rules on 
     confidentiality of this information, I remain concerned about 
     the protection of this personally identifiable information.
       NamUs is accessible not only by law enforcement, but also 
     the public. NamUs is comprised of two smaller databases--the 
     Missing Persons Database and the Unidentified Remains 
     Database. While the Unidentified Remains Database does not 
     allow the public to enter information and restricts certain 
     information from being accessed by the public, the Missing 
     Persons Database allows both the public and law enforcement 
     to submit information about missing persons. There is no way 
     to guarantee the consistency and accuracy of publicly entered 
     information. The ability of NamUs and NCIC to share 
     information via this legislation magnifies these concerns.
       Fourth, the bill also establishes an Incentive Grants 
     Program to provide law enforcement, coroners, medical 
     examiners and other authorized agencies with grants to 
     facilitate reporting information to both NCIC and NamUs. 
     These grants can be used for very broad purposes, including 
     hiring, contracting and ``other purposes consistent with the 
     goals of this section.'' I believe that state and local law 
     enforcement and other state or locally-run agencies should 
     bear the burden of reporting state and local information. If 
     these databases are, in fact, effective and further the 
     investigations carried out by state and local law 
     enforcement, they should be willing to prioritize funding in 
     their own budgets to utilize the databases accordingly.
       Furthermore, the task of investigating missing person and 
     unidentified remains cases often falls primarily on state and 
     local law enforcement. As a result, the federal government 
     should not bear the entire cost for either the Incentive 
     Grants Program or the operation of the NamUs database. For 
     the Incentive Grants Program, the bill authorizes $10 million 
     per year for fiscal years 2011 through 2015, totaling $50 
     million that is not offset by reductions in real spending 
     elsewhere in the federal budget. In addition, there is no 
     limit on the amount that the Attorney General may award for 
     each grant. Rather, the Attorney General has the discretion 
     to determine how much each grantee receives.
       In addition to offsets for federal spending on these 
     programs, I believe all funding in this legislation should be 
     borne at least equally between the states and the federal 
     government. It is clear that state and local law enforcement 
     will be utilizing NamUs often. In fact, the Incentive Grants 
     Program authorized in this bill is specifically to help state 
     and local entities ``facilitate the process of reporting 
     information regarding missing persons and unidentified 
     remains to the NCIC database and NamUs databases. . . .''
       While there is no question that law enforcement should 
     endeavor to quickly locate

[[Page 10445]]

     missing persons and return them to their families, the 
     federal government is already making efforts to facilitate 
     this process. Congress should, like many American individuals 
     and companies do with their own resources, evaluate current 
     programs, determine any needs that may exist and prioritize 
     those needs for funding by cutting from the federal budget 
     programs fraught with waste, fraud, abuse and duplication.
           Sincerely,
                                              Tom A. Coburn, M.D.,
     United States Senator.

                          ____________________




                     REMEMBERING DOROTHY KAMENSHEK

  Mrs. BOXER. Mr. President, I ask my colleagues to join me in honoring 
the memory of Dorothy Kamenshek who passed away on May 17 at her home 
in Palm Desert, CA. She was 84 years old.
  Dorothy Kamenshek was born in Norwood, OH, on December 21, 1925. Her 
gifts on the diamond were evident from the time she attended the 
tryouts for an all women's baseball league in Cincinnati while she was 
a high school senior. Her performance at the tryouts earned her an 
invitation to participate in the final tryouts that were held at 
Wrigley Field in Chicago. From the Wrigley Field tryouts, Ms. Kamenshek 
would emerge as one of two women from Cincinnati who were selected to 
play in the fledgling All-American Girls Professional Baseball League.
  The All-American Girls Professional Baseball League was the 
brainchild of Chicago Cubs owner, Phillip Wrigley, who sought to fill 
the void that had been created by the disbanding of many minor league 
teams as a result of young men who were drafted into the armed services 
during World War II. The existence of the All-American Girls 
Professional Baseball League nearly paralleled the span of Ms. 
Kamenshek's playing career from 1943-1954. During her career, Ms. 
Kamenshek all-around excellence on and off the field earned her the 
admiration of many fans and the respect of her peers.
  Ms. Kamenshek was undoubtedly one of the finest players in the All-
American Girls Professional Baseball League. The league's all-time 
batting leader with a .292 average, she had a smooth left-handed swing 
that earned her consecutive batting titles in 1946 and 1947. The 
leadoff hitter for the Rockford Peaches, she used her speed on the base 
paths to create havoc for her opponents as she compiled 657 stolen 
bases during her career. An all-around baseball player, Ms. Kamenshek's 
work with the glove once prompted former New York Yankees first baseman 
Wally Pipp to observe that she was ``the fanciest fielding first 
baseman that I've ever seen, man or woman.''
  Ms. Kamenshek would lead her team, the Rockford Peaches, to four 
championships before her career was curtailed by a back injury. A 
driven person who was not going to rest on her laurels, she earned a 
bachelor's degree in physical therapy from Marquette University after 
her baseball career. In 1961, she moved to California where she worked 
as a staff physical therapist, supervisor and chief of therapy services 
for the Los Angeles County disabled children's services agency. After 
her retirement from Los Angeles County in 1980, she continued to treat 
patients in acute care on a part-time basis for the next 6 years.
  In 1992, the story of Ms. Kamenshek and the other women who played in 
the All-American Girls Professional Baseball League was introduced to a 
new generation of Americans by the popular movie ``A League of Their 
Own.'' In the movie, the character of Dottie Hinson, played by Geena 
Davis, was presented as the best player in the league and was named 
Dottie as a tribute to Ms. Kamenshek, who was affectionately known as 
Dottie to her friends. In 1999, Sports Illustrated named Ms. Kamenshek 
one of its top 100 female athletes of the 20th century.
  On the field, Dorothy Kamenshek is widely regarded as the greatest 
female baseball player ever. Off the field, her legacy will be one of a 
pioneer who, through sheer talent and determination, achieved 
excellence in a sport that was once deemed to be beyond the physical 
capacity of females. Dorothy Kamenshek inspired generations of 
Americans to chip away at the glass ceiling to follow their dreams and 
pursue endeavors and careers of their own choosing.
  She will be dearly missed.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

        100TH ANNIVERSARY OF THE FOUNDING OF DANTE, SOUTH DAKOTA

 Mr. JOHNSON. Mr. President, today I pay tribute to the 100th 
anniversary of the founding of Dante, SD. Small towns like Dante embody 
South Dakota values, and are the cornerstone of our State.
  Dante was founded as a railroad town when a group of farmers were 
concerned with their ability to haul grain between Wagner and Avon. The 
farmers approached the Chicago, Milwaukee, and St. Paul Railroad to set 
up a depot between the towns. After getting a petition signed, the 
railroad expanded to the newly formed town. Planted in 1907, Dante was 
incorporated in 1912. Originally called Mayo after H.T. Mayo who 
donated the land to the town, the railroad company objected to the 
name. Mr. Mayo was asked for a name to which he reportedly said, ``Call 
it Dante's Inferno for all I care!'' In 1911, Dante had flourished 
enough to support the Dante Bowling Alley and Pool Hall. The school was 
opened in 1912 and stayed open until 1971.
  To celebrate the town's anniversary, Dante will be having music, a 
softball tournament, games and more. With something for everyone, this 
weekend's celebration is sure to be an enjoyable experience as Dante 
comes together to celebrate this historic anniversary. I would like to 
congratulate the people of Dante on reaching this historic milestone, 
and offer them best wishes on the years to come.

                          ____________________




                     TRIBUTE TO DR. ANN SOUTHERLAND

 Mr. LeMIEUX. Mr. President, today I wish to bring special 
recognition to Dr. Ann Marie Phillips Southerland.
  Dr. Southerland has elected to retire from Pensacola Junior College 
after 42 years of distinguished service. She first joined the faculty 
of the PJC home economics department in 1975 and was promoted as an 
assistant professor in 1978, an associate professor in 1981, a full 
professor in 1984 and department head in 1985.
  Recognizing her devotion to student success and years of excellence 
in teaching, Dr. Southerland was appointed to the position of district 
director of vocational education in 1988 and district dean of 
vocational education in 1990. In this capacity, Dr. Southerland 
spearheaded efforts and initiatives to improve curriculum, instruction 
and assessment. She challenged her colleagues to empower students and 
ensure they would enter the world with the skills to compete and 
succeed in the increasingly competitive global marketplace.
  The success of Dr. Southerland's contributions to Pensacola Junior 
College were measurable, and the college appointed her to assistant 
vice president for academic affairs and career education in 2005. Yet 
Dr. Southerland's reach has been felt far beyond the academic corridors 
of northwest Florida. She has selflessly dedicated her time, experience 
and energy to causes throughout the State of Florida--serving as a 
member of the Council of Occupational Deans and working arm in arm with 
her counterparts in all 28 institutions in the Florida College System. 
What's more, her extensive body of academic literature has been 
published in numerous scholarly journals and periodicals.
  I wish to take this opportunity to commend Dr. Southerland for her 
service and professionalism. She has been a role model and mentor for 
many faculty, staff and students at Pensacola Junior College. She has 
my sincere and heartfelt thanks for her devotion to educating 
tomorrow's leaders.

[[Page 10446]]



                          ____________________




             DO THE WRITE THING WRITING CHALLENGE FINALISTS

 Mr. LEVIN. Mr. President, the Do the Write Thing Challenge, or 
DtWT, is a national program that provides middle school students across 
the country with the opportunity to examine some of the most pressing 
issues facing their community. It encourages students to examine and 
confront the causes and the effects of youth violence through classroom 
discussions and writings. The focus is on preventative measures with an 
emphasis on personal responsibility. Since the program's founding in 
1994, hundreds of thousands of students have reaped benefits from this 
community-based approach to addressing these complex and tragic issues.
  Middle school students from cities across the Nation participated in 
DtWT. These students submitted creative and poignant essays, poems, 
plays, or songs about their personal experiences with youth violence. 
They wrote about the effect of violence in their lives and about how 
they can contribute to efforts to eradicate it. Students also pledged 
to carry out their ideas in their daily lives. This strategy, which 
empowers young people to make positive changes in their lives and 
communities, has surely had a positive impact on the communities in 
which these students reside.
  Each year, a DtWT Committee made up of business, community, and 
government leaders from each participating jurisdiction reviews the 
writing samples and selects two national finalists. I am pleased to 
recognize this year's national finalists from Detroit, Karan Patrick 
and KeJaun Williams. Their creative pieces about youth violence are 
heart-wrenching and timely. Karan and KeJaun wrote personal pieces 
about the profound impact violence has had on their young lives and 
about the lasting consequences of their choices. They conveyed a deep 
understanding of the result of youth violence. I am impressed by the 
maturity they displayed in confronting this topic and congratulate them 
on being selected as national finalists.
  This summer, they will join other DtWT national finalists in 
Washington, DC, for National Recognition Week. While here, they will 
attend a ceremony in their honor. Their work also will be placed 
permanently in the Library of Congress.
  I invite my colleagues to join me in celebrating the work of the DtWT 
finalists and the many organizers across the country who facilitated 
open discussions in schools about youth violence. Their work is an 
essential element in the development of local solutions to youth 
violence in Michigan and across the Nation, and I applaud their 
efforts.

                          ____________________




              150TH ANNIVERSARY OF THE CITY OF MANISTIQUE

 Mr. LEVIN. Mr. President, the small towns and cities that dot 
this great Nation are at the core of our country's character and 
cultural fabric. These communities, and the legacy they embody, fashion 
the great American story through their unique chapters in this ongoing 
narrative. It is in this spirit that I recognize the sesquicentennial 
anniversary of the founding of the city of Manistique, MI. The 
residents of this great city will come together to celebrate this 
significant milestone with a summer of festivities.
  This community in the upper peninsula was first named in 1860 by 
Charles Harvey, a businessman who sought to build a small dam on the 
Manistique River. He would first name the area Epsport, after his 
wife's family name. In 1879, Epsport was named county seat of 
Schoolcraft county, and a few years later, it was renamed Manistique 
Township. This area experienced a period of rapid development, 
beginning in 1872 with the relocation of Weston Lumber Company to 
Manistique by its founder, Abijah Weston. The rise of the timber 
industry spurred the creation of other industries, such as limestone, 
shingles, cooperage, a box factory, a charcoal iron company and a 
handle factory.
  Like many small towns and cities in the upper peninsula, Manistique 
has navigated major shifts in its core economy. The timber industry 
peaked in this region around 1920 and, along with it, the city's 
population, boasting close to 10,000 residents, aided also by the 
expansion of the Soo Line Railroad to the area. As the timber industry 
declined, it was replaced by farming, limestone production and a paper 
mill, and after World War II, tourism emerged as a major industry. 
Nestled along the northern shore of Lake Michigan where the lake meets 
the Manistique River, this region offers tourists considerable natural 
beauty and countless opportunities to experience the outdoors in its 
natural state, from the shores of Lake Michigan, to the Seney National 
Wildlife Refuge, to Hiawatha National Forest, to name a few.
  Manistique's sesquicentennial anniversary is a tribute to the 
strength and perseverance of its citizens and to the many that have 
played a role in the formation and evolution of this city from its 
inception. I invite my colleagues in the Senate to join me in 
recognizing this milestone, and I wish the residents of this city 
another century and a half of achievement and success.

                          ____________________




                       REMEMBERING DAVID CURLING

 Mrs. LINCOLN. Mr. President, today I pay tribute to 
firefighter David Curling of Pine Bluff who made the ultimate sacrifice 
while working to keep his fellow Arkansans safe.
  In late May, David lost his life after a 4-month battle with injuries 
he sustained when a wall fell on him during a January fire. A 14-year 
firefighting veteran, he was a lieutenant assigned to Station 3 at 30th 
Avenue and Ash Street in Pine Bluff.
  I extend my heartfelt condolences to David's family, who mourn the 
loss of their loved one. David bravely and courageously fought to 
protect the lives of those under his watch.
  Along with all Arkansans, I recognize the courage, bravery, and 
dedication of our Arkansas emergency responders, who risk their lives 
each day to keep our citizens safe. We must do all we can to honor and 
remember those who make the ultimate sacrifice, as well as the family 
members, friends, and fellow officers they left behind. I thank these 
public servants for their service and sacrifice.

                          ____________________




      100TH ANNIVERSARY OF EUREKA SPRINGS CARNEGIE PUBLIC LIBRARY

 Mrs. LINCOLN. Mr. President, today I join residents of Eureka 
Springs in my home State of Arkansas to celebrate the 100th anniversary 
of the founding of the Eureka Springs Carnegie Public Library. 
Throughout the majority of the town's history, the library has served 
as a vital resource for children and adults of all ages.
  Eureka Springs Carnegie Public Library is one of four Arkansas 
library buildings built with funding by Andrew Carnegie. The building 
itself was constructed of locally quarried stone and is listed on the 
National Register of Historic Places.
  Libraries help build strong communities by promoting the joy of 
reading, the love of knowledge, and the excitement of discovery. As the 
mother of twin boys, I know that reading is the foundation for success 
in the classroom, and I encourage my boys to read not only at school 
but also at home. We must do everything we can to ensure that our 
Arkansas children have the books and technology they need to develop 
critical literacy skills and reach their full potential.
  Mr. President, I commend the librarians, staff, and board members of 
Eureka Springs Carnegie Library for their success in informing and 
inspiring their community. I encourage all Arkansans to make a stop at 
their public library today to share in the joy of learning and 
knowledge.

                          ____________________




               RECOGNIZING THE EL DORADO SCHOOL DISTRICT

 Mrs. LINCOLN. Mr. President, today I salute the students, 
faculty, and staff of the El Dorado School District for their 
outstanding efforts to maintain the health and well-being of their 
school community. The district was recently named the Gold Award Winner

[[Page 10447]]

of the 2010 Arkansas Healthy School Board, in addition to being named 
the 2010 International PRIDE Team of the Year for their efforts to 
prevent youth drug abuse and violence.
  El Dorado was named to the Arkansas Healthy School Board for their 
efforts to offer healthier school lunches and healthy food in vending 
machines. As the mother of two boys, I understand how important it is 
for parents to make healthy choices for their kids and help them learn 
to make healthy choices for themselves. Obesity is a growing problem 
across our Nation, and if kids learn good eating habits while they are 
young, that knowledge will stay with them throughout their entire 
lives. In addition, kids who are healthy and feel good perform better 
at school and in all areas of their lives.
  Unfortunately, many families in our country are unable to provide 
healthy, nutritious meals. More than ever, families are looking to 
programs like the National School Lunch Program to ensure children's 
nutritional needs are met. My Healthy, Hunger-Free Kids Act of 2010 
invests $4.5 billion in new child nutrition program funding over the 
next 10 years, the most historic investment in child nutrition programs 
since their inception. This investment is fully paid for and will not 
add to the national debt.
  I also commend the El Dorado PRIDE Youth Team, which was named the 
2010 International PRIDE Team of the Year. PRIDE Youth Programs, 
formerly Parents Resource Institute for Drug Education, is the Nation's 
oldest and largest organization devoted to drug abuse and violence 
prevention through education. The mission of PRIDE is to educate, 
promote, and support drug-free youth.
  For the past 4 years, the El Dorado PRIDE team has been nominated as 
one of the top three teams in the Nation. There are also 30 PRIDE 
members named each year to the National Team from all over the country. 
This year, three El Dorado students--Allison George, Tylor Ritz and 
Amanda York--were named to the national team.
  Mr. President, I salute the entire El Dorado community for their 
efforts to keep their schools healthy and safe.

                          ____________________




                        TRIBUTE TO PHILIP LANDER

 Ms. SNOWE. Mr. President, last Monday, our Nation paused to 
remember the sacrifices that the men and women of our Armed Forces have 
made over the past 235 years. Indeed, Memorial Day is a time to reflect 
on the freedoms and liberties we enjoy because of the heroic deeds of 
these brave service members. For those who made it back, many seek to 
continue giving back to the nation they love. Today I wish to recognize 
one such veteran, Philip Lander, who is the owner of Atlantic Defense 
Company, a small, service-disabled veteran-owned construction firm in 
my home State of Maine that provides other veterans with an opportunity 
to find meaningful employment upon their return. For his efforts, Mr. 
Lander has been named the Small Business Administration's 2010 Maine 
Veteran Small Business Champion, a truly prestigious honor that only 
begins to highlight his incredible work to help America's veterans.
  Indeed, Mr. Lander can lay claim to a distinguished record of service 
to our Nation dating back to 1970, when he enlisted in the U.S. Army 
during his time at the University of Maine. After 2 years of service, 
he returned to Maine to complete a degree in agricultural engineering 
during which time he joined the Air National Guard. Mr. Lander was 
called up to active duty during several notable conflicts, including 
Operations Desert Shield and Desert Storm and the Bosnian war in the 
1990s, and was recalled to duty after the tragic events of September 
11, 2001.
  Mr. Lander founded Atlantic Defense Company in 2005, after retiring 
from the U.S. Air Force the year before. Atlantic Defense immediately 
got to work upon its inception, renovating the well-known Jordan Pond 
House in Maine's Acadia National Park, as well as taking on a contract 
for the New Jersey Air National Guard rebuilding ground support 
equipment. Shortly after the scandal at Walter Reed Army Medical 
Center, Atlantic Defense sought to help America's veterans receive the 
care they are entitled to by assisting in the rehabilitation of the 
Nation's VA hospital system. The company performed work at several 
hospitals across New England, including Togus in Maine and Westhaven in 
Connecticut.
  Always seeking to give back to those who have served, Mr. Lander is 
involved in the Helmets to Hardhats program, which has the goal of 
helping veterans of the military, Reserves, and Guard transition from 
active duty to jobs in the construction industry. His company also 
transports a medical van to remote spots throughout the northwest 
portion of Maine, to ensure that veterans living in those areas are 
able to receive care from the Togus VA system. Mr. Lander also seeks to 
employ veterans in his company, which currently has 15 to 20 year-round 
employees, as well as through subcontracting opportunities with similar 
service-disabled veteran-owned firms.
  It has been said of the members of our Nation's Armed Forces that 
some gave all, but all gave some, and clearly, Philip Lander continues 
to give back even after his longtime career of service to our nation. 
His generous and selfless efforts to employ fellow veterans and provide 
them with critical opportunities back home is admirable. I congratulate 
him on his recognition as the 2010 Maine Veteran Small Business 
Champion, and wish everyone at Atlantic Defense Company success in 
future projects.

                          ____________________




                       MESSAGE FROM THE PRESIDENT

  A message from the President of the United States was communicated to 
the Senate by Mr. Pate, one of his secretaries.

                          ____________________




                       EXECUTIVE MESSAGE REFERRED

  As in executive session the Presiding Officer laid before the Senate 
a message from the President of the United States submitting nomination 
which was referred to the Committee on the Judiciary.
  (The nomination received today is printed at the end of the Senate 
proceedings.)

                          ____________________




                        MESSAGES FROM THE HOUSE

  At 9:58 a.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
passed the following bills, in which it requests the concurrence of the 
Senate:

       H.R. 5026. An act to amend the Federal Power Act to protect 
     the bulk-power system and electric infrastructure critical to 
     the defense of the United States against cybersecurity and 
     other threats and vulnerabilities.
       H.R. 5133. An act to designate the facility of the United 
     States Postal Service located at 331 1st Street in Carlstadt, 
     New Jersey, as the ``Staff Sergeant Frank T. Carvill and 
     Lance Corporal Michael A. Schwarz Post Office Building''.
       H.R. 5278. An act to designate the facility of the United 
     States Postal Service located at 405 West Second Street in 
     Dixon, Illinois, as the ``President Ronald W. Reagan Post 
     Office Building''.

  The message also announced that the House disagrees to the amendments 
of the Senate to the bill (H.R. 4173) entitled ``An Act to provide for 
financial regulatory reform, to protect consumers and investors, to 
enhance Federal understanding of insurance issues, to regulate the 
over-the-counter derivatives markets, and for other purposes'' and 
agrees to the conference asked by the Senate on the disagreeing votes 
of the two Houses thereon; and appoints the following Members as 
managers of the conference on the part of the House:
  From the Committee on Financial Services, for consideration of the 
House bill and the Senate amendment, and modifications committed to 
conference: Messrs. Frank of Massachusetts, Kanjorski, Ms. Waters, Mrs. 
Maloney, Messrs. Gutierrez, Watt, Meeks of New York, Moore of Kansas, 
Ms. Kilroy, Messrs. Peters, Bachus, Royce, Mrs. Biggert, Mrs. Capito, 
Messrs. Hensarling, and Garrett of New Jersey.
  From the Committee on Agriculture, for consideration of subtitles A 
and B

[[Page 10448]]

of title I, sections 1303, 1609, 1702, 1703, title III (except sections 
3301 and 3302), sections 4205(c), 4804(b)(8)(B), 5008, and 7509 of the 
House bill, and section 102, subtitle A of title I, sections 406, 
604(h), title VII, title VIII, sections 983, 989E, 1027(j), 1088(a)(8), 
1098, and 1099 of the Senate amendment, and modifications committed to 
conference: Messrs. Peterson, Boswell; and Lucas.
  From the Committee on Energy and Commerce, for consideration of 
sections 3009, 3102(a)(2), 4001, 4002, 4101-4114, 4201, 4202, 4204-
4210, 4301-4311, 4314, 4401-4403, 4410, 4501-4509, 4601-4606, 4815, 
4901, and that portion of section 8002(a)(3) which adds a new section 
313(d) to title 31, United States Code, of the House bill, and that 
portion of section 502(a)(3) which adds a new section 313(d) to title 
31, United States Code, sections 722(e), 1001, 1002, 1011-1018, 1021-
1024, 1027-1029, 1031-1034, 1036, 1037, 1041, 1042, 1048, 1051-1058, 
1061-1067, 1101, and 1105 of the Senate amendment, and modifications 
committed to conference: Messrs. Waxman, Rush, and Barton of Texas.
  From the Committee on the Judiciary, for consideration of sections 
1101(e)(2), 1103(e)(2), 1104(i)(5) and (i)(6), 1105(h) and (i), 1110(c) 
and (d), 1601, 1605, 1607, 1609, 1610, 1612(a), 3002(c)(3) and (c)(4), 
3006, 3119, 3206, 4205(n), 4306(b), 4501-4509, 4603, 4804(b)(8)(A), 
4901(c)(8)(D) and (e), 6003, 7203(a), 7205, 7207, 7209, 7210, 7213-
7216, 7220, 7302, 7507, 7508, 9004, 9104, 9105, 9106(a), 9110(b), 9111, 
9118, 9203(c), and 9403(b) of the House bill, and sections 
112(b)(5)(B), 113(h), 153(f), 201, 202, 205, 208-210, 211(a) and (b), 
316, 502(a)(3), 712(c), 718(b), 723(a)(3), 724(b), 725(c), 728, 731, 
733, 735(b), 744, 748, 753, 763(a), (c) and (i), 764, 767, 809(f), 922, 
924, 929B, 932, 991(b)(5), (c)(2)(G) and (c)(3)(H), 1023(c)(7) and 
(c)(8), 1024(c)(3)(B), 1027(e), 1042, 1044(a), 1046(a), 1047, 1051-
1058, 1063, 1088(a)(7)(A), 1090, 1095, 1096, 1098, 1104, 1151(b), and 
1156(c) of the Senate amendment, and modifications committed to 
conference: Messrs. Conyers, Berman, and Smith of Texas.
  From the Committee on Oversight and Government Reform, for 
consideration of sections 1000A, 1007, 1101(e)(3), 1203(d), 1212, 1217, 
1254(c), 1609(h)(8)(B), 1611(d), 3301, 3302, 3304, 4106(b)(2) and 
(g)(4)(D), 4604, 4801, 4802, 5004, 7203(a), 7409, and 8002(a)(3) of the 
House bill, and sections 111(g), (i) and (j), 152(d)(2), (g) and (k), 
210(h)(8), 319, 322, 404, 502(a)(3), 723(a)(3), 748, 763(a), 809(g), 
922(a), 988, 989B, 989C, 989D, 989E, 1013(a), 1022(c)(6), 1064, 1152, 
and 1159(a) and (b) of the Senate amendment, and modifications 
committed to conference: Messrs. Towns, Cummings, and Issa.
  From the Committee on Small Business, for consideration of sections 
1071 and 1104 of the Senate amendment, and modifications committed to 
conference: Ms. Velazquez, Messrs. Shuler, and Graves.
                                  ____

  At 5:05 p.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. 5072. An act to improve the financial safety and 
     soundness of the FHA mortgage insurance program.

  The message also announced that the House has passed the following 
bill, without amendment:

       S. 3473. An act to amend the Oil Pollution Act of 1990 to 
     authorize advances from Oil Spill Liability Trust Fund for 
     the Deepwater Horizon oil spill.

     

                          ____________________


                           MEASURES REFERRED

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

       H.R. 5026. An act to amend the Federal Power Act to protect 
     the bulk-power system and electric infrastructure critical to 
     the defense of the United States against cybersecurity and 
     other threats and vulnerabilities; to the Committee on Energy 
     and Natural Resources.
       H.R. 5072. An act to improve the financial safety and 
     soundness of the FHA mortgage insurance program; to the 
     Committee on Banking, Housing, and Urban Affairs.
       H.R. 5133. An act to designate the facility of the United 
     States Postal Service located at 331 1st Street in Carlstadt, 
     New Jersey, as the ``Staff Sergeant Frank T. Carvill and 
     Lance Corporal Michael A. Schwarz Post Office Building''; to 
     the Committee on Homeland Security and Governmental Affairs.
       H.R. 5278. An act to designate the facility of the United 
     States Postal Service located at 405 West Second Street in 
     Dixon, Illinois, as the ``President Ronald W. Reagan Post 
     Office Building''; to the Committee on Homeland Security and 
     Governmental Affairs.

                          ____________________




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-6147. A communication from the Under Secretary of 
     Defense (Personnel and Readiness), transmitting the report of 
     (5) officers authorized to wear the insignia of the grade of 
     rear admiral in accordance with title 10, United States Code, 
     section 777; to the Committee on Armed Services.
       EC-6148. A communication from the Under Secretary of 
     Defense (Acquisition, Technology and Logistics), 
     transmitting, pursuant to law, a report relative to the 
     restructured Advanced Threat Infrared Countermeasures/Common 
     Missile Warning System (ATIRCM/CMWS) program; to the 
     Committee on Armed Services.
       EC-6149. A communication from the Under Secretary of 
     Defense (Acquisition, Technology and Logistics), 
     transmitting, pursuant to law, a report relative to the 
     restructured F-35 Joint Strike Fighter (JSF) program; to the 
     Committee on Armed Services.
       EC-6150. A communication from the Under Secretary of 
     Defense (Acquisition, Technology and Logistics), 
     transmitting, pursuant to law, a report relative to the 
     restructured Apache Block III (AB3) program; to the Committee 
     on Armed Services.
       EC-6151. A communication from the Executive Vice President 
     and Chief Financial Officer, Federal Home Loan Bank of 
     Atlanta, transmitting, pursuant to law, the Bank's management 
     reports and statements on system of internal controls for 
     fiscal year 2009; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-6152. A communication from the Assistant Legal Adviser 
     for Treaty Affairs, Department of State, transmitting, 
     pursuant to the Case-Zablocki Act, 1 U.S.C. 112b, as amended, 
     the report of the texts and background statements of 
     international agreements, other than treaties (List 2010-
     0080--2010-0088); to the Committee on Foreign Relations.
       EC-6153. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed amendment to a manufacturing 
     license agreement for the export of defense articles, 
     including, technical data, and defense services to King 
     Abdullah II Design and Development Bureau (KADDB) in Jordan 
     for the assembly and distribution of JAWS (Jordan Arms and 
     Weapons Systems) Viper multi-caliber semi-automatic handguns 
     to various countries in the amount of $1,000,000 or more; to 
     the Committee on Foreign Relations.
       EC-6154. A communication from the Assistant Secretary, 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to the status of the 
     Government of Cuba's compliance with the United States-Cuba 
     September 1994 ``Joint Communique'' and on the treatment of 
     persons returned to Cuba in accordance with the United 
     States-Cuba May 1995 ``Joint Statement''; to the Committee on 
     Foreign Relations.
       EC-6155. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report on the Secretary's 
     recommendation to continue a waiver of application of a 
     section of the Trade Act of 1974 with respect to Belarus; to 
     the Committee on Foreign Relations.
       EC-6156. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report relative to the 
     extension of waiver authority for Turkmenistan; to the 
     Committee on Foreign Relations.
       EC-6157. A communication from the Director, Office of 
     Labor-Management Standards, Department of Labor, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Notification of Employee Rights Under Federal Labor Laws'' 
     (RIN1215-AB70; RIN1245-AA00) received in the Office of the 
     President of the Senate on June 8, 2010; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-6158. A communication from the Secretary of Labor, 
     transmitting, pursuant to law, the Semiannual Report of the 
     Office of Inspector General of the Department of Labor for 
     the period from October 1, 2009, through March 31, 2010; to 
     the Committee on Homeland Security and Governmental Affairs.
       EC-6159. A communication from the Chairman of the Federal 
     Maritime Commission, transmitting, pursuant to law, the 
     Office of Inspector General's Semiannual Report for the 
     period of October 1, 2009, to March 31, 2010; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-6160. A communication from the Director, Office of 
     Personnel Management, transmitting, pursuant to law, the 
     Annual Privacy Activity Report for 2009; to the Committee on 
     Homeland Security and Governmental Affairs.

[[Page 10449]]


       EC-6161. A communication from the Director, Office of 
     Personnel Management, transmitting, pursuant to law, the 
     Office's Federal Equal Opportunity Recruitment Program Report 
     for Fiscal Year 2009; to the Committee on Homeland Security 
     and Governmental Affairs.
       EC-6162. A communication from the Chief Executive Officer, 
     Millennium Challenge Corporation, transmitting, pursuant to 
     law, the Semiannual Report of the Corporation's Inspector 
     General for the six-month period from October 1, 2009, to 
     March 31, 2010; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-6163. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report on D.C. Act 18-414, ``Job Growth Incentive Act of 
     2010''; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-6164. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report on D.C. Act 18-415, ``Health Insurance for Dependents 
     Temporary Act of 2010''; to the Committee on Homeland 
     Security and Governmental Affairs.
       EC-6165. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report on D.C. Act 18-420, ``Adoption and Guardianship 
     Subsidy Temporary Amendment Act of 2010''; to the Committee 
     on Homeland Security and Governmental Affairs.
       EC-6166. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report on D.C. Act 18-428, ``Healthy Schools Act of 2010''; 
     to the Committee on Homeland Security and Governmental 
     Affairs.
       EC-6167. A communication from the Program Manager, Bureau 
     of Alcohol, Tobacco, Firearms and Explosives, Department of 
     Justice, transmitting, pursuant to law, the report of a rule 
     entitled ``Decision-Making Authority Regarding the Denial, 
     Suspension, or Revocation of a Federal Firearms License, or 
     Imposition of a Civil Fine'' (Docket No. ATF 17F) received in 
     the Office of the President of the Senate on June 7, 2010; to 
     the Committee on the Judiciary.
       EC-6168. A communication from the Staff Director, United 
     States Commission on Civil Rights, transmitting, pursuant to 
     law, the report of the appointment of members to the Colorado 
     Advisory Committee; to the Committee on the Judiciary.
       EC-6169. A communication from the Staff Director, United 
     States Commission on Civil Rights, transmitting, pursuant to 
     law, the report of the appointment of members to the 
     Louisiana Advisory Committee; to the Committee on the 
     Judiciary.
       EC-6170. A communication from the Staff Director, United 
     States Commission on Civil Rights, transmitting, pursuant to 
     law, the report of the appointment of members to the Oregon 
     Advisory Committee; to the Committee on the Judiciary.
       EC-6171. A communication from the Director of Regulation 
     Policy and Management, Veterans Health Administration, 
     Department of Veterans Affairs, transmitting, pursuant to 
     law, the report of a rule entitled ``Copayment for 
     Medications'' (RIN2900-AN50) received in the Office of the 
     President of the Senate on June 9, 2010; to the Committee on 
     Veterans' Affairs.
       EC-6172. A communication from the Director of Regulation 
     Policy and Management, Veterans Health Administration, 
     Department of Veterans Affairs, transmitting, pursuant to 
     law, the report of a rule entitled ``Copayment for 
     Medications After June 30, 2010'' (RIN2900-AN65) received in 
     the Office of the President of the Senate on June 9, 2010; to 
     the Committee on Veterans' Affairs.
       EC-6173. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Drawbridge 
     Operation Regulation; Chehalis River, Aberdeen, WA, Schedule 
     Change'' ((RIN1625-AA09) (Docket No. USG-2009-0959)) received 
     in the Office of the President of the Senate on June 8, 2010; 
     to the Committee on Commerce, Science, and Transportation.
       EC-6174. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Drawbridge 
     Operation Regulation; Port of Coos Bay Railroad Bridge, Coos 
     Bay, North Bend, OR'' ((RIN1625-AA09) (Docket No. USG-2009-
     0840)) received in the Office of the President of the Senate 
     on June 8, 2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-6175. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Drawbridge 
     Operation Regulation; Lower Grand River, Iberville Parish, 
     LA'' ((RIN1625-AA09) (Docket No. USG-2009-0686)) received in 
     the Office of the President of the Senate on June 8, 2010; to 
     the Committee on Commerce, Science, and Transportation.
       EC-6176. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Drawbridge 
     Operation Regulation; CSX Railroad, Trout River, mile 0.9, 
     Jacksonville, FL'' ((RIN1625-AA09) (Docket No. USG-2009-
     0249)) received in the Office of the President of the Senate 
     on June 8, 2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-6177. A communication from the Attorney, U.S. Coast 
     Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Red River, MN'' ((RIN1625-AA00) (Docket No. USG-2010-0198)) 
     received in the Office of the President of the Senate on June 
     8, 2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-6178. A communication from the Attorney, U.S. Coast 
     Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety 
     Zones; Blasting Operations and Movement of Explosives, St. 
     Marys River, Sault Sainte Marie, MI'' ((RIN1625-AA00) (Docket 
     No. USG-2010-0290)) received in the Office of the President 
     of the Senate on June 8, 2010; to the Committee on Commerce, 
     Science, and Transportation.
       EC-6179. A communication from the Attorney, U.S. Coast 
     Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     St. Louis River, Tallas Island, Duluth, MN'' ((RIN1625-AA00) 
     (Docket No. USG-2010-0124)) received in the Office of the 
     President of the Senate on June 8, 2010; to the Committee on 
     Commerce, Science, and Transportation.
       EC-6180. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Desert Storm, Lake Havasu, AZ'' ((RIN1625-AA00) (Docket No. 
     USG-2009-0809)) received in the Office of the President of 
     the Senate on June 8, 2010; to the Committee on Commerce, 
     Science, and Transportation.
       EC-6181. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     United Portuguese SES Centennial Festa, San Diego Bay, San 
     Diego, CA'' ((RIN1625-AA00) (Docket No. USG-2010-0065)) 
     received in the Office of the President of the Senate on June 
     8, 2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-6182. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     BW PIONEER at Walker Ridge 249, Outer Continental Shelf FPSO, 
     Gulf of Mexico'' ((RIN1625-AA00) (Docket No. USG-2009-0571)) 
     received in the Office of the President of the Senate on June 
     8, 2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-6183. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     APBA National Tour, Parker, AZ'' ((RIN1625-AA00) (Docket No. 
     USG-2009-1110)) received in the Office of the President of 
     the Senate on June 8, 2010; to the Committee on Commerce, 
     Science, and Transportation.
       EC-6184. A communication from the Administrator of the 
     National Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, a report 
     relative to The National Initiative for Increasing Seat Belt 
     Use: Buckle Up America campaign; to the Committee on 
     Commerce, Science, and Transportation.
       EC-6185. A communication from the Secretary of Commerce, 
     transmitting, pursuant to law, the Annual Report for Fiscal 
     Year 2009 of the Department of Commerce's Bureau of Industry 
     and Security; to the Committee on Commerce, Science, and 
     Transportation.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. DORGAN, from the Committee on Indian Affairs, 
     without amendment:
       S. 1388. A bill to provide for equitable compensation to 
     the Spokane Tribe of Indians of the Spokane Reservation for 
     the use of tribal land for the production of hydropower by 
     the Grand Coulee Dam, and for other purposes (Rept. No. 111-
     204).
       By Mr. KERRY, from the Committee on Foreign Relations, with 
     an amendment in the nature of a substitute:
       S. 3087. A bill to support revitalization and reform of the 
     Organization of American States, and for other purposes 
     (Rept. No. 111-205).

                          ____________________




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of nominations were submitted:

       By Mr. DORGAN for the Committee on Indian Affairs.
       *Cynthia Chavez Lamar, of New Mexico, to be a Member of the 
     Board of Trustees of the Institute of American Indian and 
     Alaska Native Culture and Arts Development for a term 
     expiring May 19, 2010.

[[Page 10450]]

       *JoAnn Lynn Balzer, of New Mexico, to be a Member of the 
     Board of Trustees of the Institute of American Indian and 
     Alaska Native Culture and Arts Development for a term 
     expiring May 19, 2012.
       *Tracie Stevens, of Washington, to be Chairman of the 
     National Indian Gaming Commission for the term of three 
     years.
       By Mr. LEAHY for the Committee on the Judiciary.
       Robert Neil Chatigny, of Connecticut, to be United States 
     Circuit Judge for the Second Circuit.
       Scott M. Matheson, Jr., of Utah, to be United States 
     Circuit Judge for the Tenth Circuit.
       James Kelleher Bredar, of Maryland, to be United States 
     District Judge for the District of Maryland.
       Ellen Lipton Hollander, of Maryland, to be United States 
     District Judge for the District of Maryland.
       Susan Richard Nelson, of Minnesota, to be United States 
     District Judge for the District of Minnesota.
       Thomas Edward Delahanty II, of Maine, to be United States 
     Attorney for the District of Maine for the term of four 
     years.
       Wendy J. Olson, of Idaho, to be United States Attorney for 
     the District of Idaho for the term of four years.
       James A. Lewis, of Illinois, to be United States Attorney 
     for the Central District of Illinois for the term of four 
     years.
       Donald J. Cazayoux, Jr., of Louisiana, to be United States 
     Attorney for the Middle District of Louisiana for the term of 
     four years.
       Henry Lee Whitehorn, Sr., of Louisiana, to be United States 
     Marshal for the Western District of Louisiana for the term of 
     four years.
       Kevin Charles Harrison, of Louisiana, to be United States 
     Marshal for the Middle District of Louisiana for the term of 
     four years.
       Charles Gillen Dunne, of New York, to be United States 
     Marshal for the Eastern District of New York for the term of 
     four years.

  *Nomination was reported with recommendation that it be confirmed 
subject to the nominee's commitment to respond to requests to appear 
and testify before any duly constituted committee of the Senate.
  (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. BENNET:
       S. 3475. A bill to provide tighter control over and 
     additional public disclosure of earmarks; to the Committee on 
     Rules and Administration.
           By Mr. CASEY (for himself and Mr. Specter):
       S. 3476. A bill to direct the Secretary of Homeland 
     Security to establish national emergency centers on military 
     installations; to the Committee on Armed Services.
           By Mr. WEBB (for himself, Mr. Warner, Mrs. McCaskill, 
             Mr. Burris, Mr. Bayh, Mr. Nelson of Nebraska, Mr. 
             Tester, Mr. McCain, Mr. Brown of Massachusetts, and 
             Mr. Inhofe):
       S. 3477. A bill to ensure that the right of an individual 
     to display the Service Flag on residential property not be 
     abridged; to the Committee on Armed Services.
           By Mr. SCHUMER (for himself, Mr. Leahy, and Mr. 
             Whitehouse):
       S. 3478. A bill to amend title 46, United States Code, to 
     repeal certain limitations of liability and for other 
     purposes; to the Committee on Commerce, Science, and 
     Transportation.
           By Mrs. HAGAN (for herself, Mr. Casey, and Ms. 
             Landrieu):
       S. 3479. A bill to authorize the Secretary of Health and 
     Human Services, acting through the Director of the Centers 
     for Disease Control and Prevention, to establish and 
     implement a birth defects prevention, risk reduction, and 
     public awareness program; to the Committee on Health, 
     Education, Labor, and Pensions.
           By Mr. LIEBERMAN (for himself, Ms. Collins, and Mr. 
             Carper):
       S. 3480. A bill to amend the Homeland Security Act of 2002 
     and other laws to enhance the security and resiliency of the 
     cyber and communications infrastructure of the United States; 
     to the Committee on Homeland Security and Governmental 
     Affairs.
           By Mr. CARDIN:
       S. 3481. A bill to amend the Federal Water Pollution 
     Control Act to clarify Federal responsibility for stormwater 
     pollution; to the Committee on Environment and Public Works.
           By Mr. REID:
       S. 3482. A bill to provide for the development of solar 
     pilot project areas on public land in Lincoln County, Nevada; 
     to the Committee on Energy and Natural Resources.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

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

           By Mr. DURBIN (for himself and Mr. Burris):
       S. Res. 549. A resolution congratulating the Chicago 
     Blackhawks on winning the 2010 Stanley Cup; to the Committee 
     on the Judiciary.
           By Ms. STABENOW (for herself and Ms. Snowe):
       S. Res. 550. A resolution designating the week beginning on 
     June 14, 2010, and ending on June 18, 2010, as ``National 
     Health Information Technology Week'' to recognize the value 
     of health information technology to improving health quality; 
     considered and agreed to.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 260

  At the request of Mr. Dorgan, the name of the Senator from California 
(Mrs. Boxer) was added as a cosponsor of S. 260, a bill to amend the 
Internal Revenue Code of 1986 to provide for the taxation of income of 
controlled foreign corporations attributable to imported property.


                                 S. 663

  At the request of Mr. Nelson of Nebraska, the name of the Senator 
from Oregon (Mr. Merkley) was added as a cosponsor of S. 663, a bill to 
amend title 38, United States Code, to direct the Secretary of Veterans 
Affairs to establish the Merchant Mariner Equity Compensation Fund to 
provide benefits to certain individuals who served in the United States 
merchant marine (including the Army Transport Service and the Naval 
Transport Service) during World War II.


                                S. 1011

  At the request of Mr. Akaka, the name of the Senator from Illinois 
(Mr. Burris) was added as a cosponsor of 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.


                                S. 1055

  At the request of Mrs. Boxer, the name of the Senator from Wisconsin 
(Mr. Kohl) was added as a cosponsor of S. 1055, a bill to grant the 
congressional gold medal, collectively, to the 100th Infantry Battalion 
and the 442nd Regimental Combat Team, United States Army, in 
recognition of their dedicated service during World War II.


                                S. 1090

  At the request of Mr. Wyden, the name of the Senator from Alaska (Ms. 
Murkowski) was added as a cosponsor of S. 1090, a bill to amend the 
Internal Revenue Code of 1986 to provide tax credit parity for 
electricity produced from renewable resources.


                                S. 1091

  At the request of Mr. Wyden, the name of the Senator from Alaska (Ms. 
Murkowski) was added as a cosponsor of S. 1091, a bill to amend the 
Internal Revenue Code of 1986 to provide for an energy investment 
credit for energy storage property connected to the grid, and for other 
purposes.


                                S. 1345

  At the request of Mr. Reed, the name of the Senator from Ohio (Mr. 
Brown) was added as a cosponsor of S. 1345, a bill to aid and support 
pediatric involvement in reading and education.


                                S. 1352

  At the request of Mr. Dodd, the name of the Senator from Vermont (Mr. 
Sanders) was added as a cosponsor of S. 1352, a bill to provide for the 
expansion of Federal efforts concerning the prevention, education, 
treatment, and research activities related to Lyme and other tick-borne 
diseases, including the establishment of a Tick-Borne Diseases Advisory 
Committee.


                                S. 1548

  At the request of Mr. Cardin, the name of the Senator from New 
Hampshire (Mrs. Shaheen) was added as a cosponsor of S. 1548, a bill to 
improve research, diagnosis, and treatment of musculoskeletal diseases, 
conditions, and injuries, to conduct a longitudinal study on aging, and 
for other purposes.


                                S. 1619

  At the request of Mr. Dodd, the name of the Senator from New Jersey 
(Mr. Lautenberg) was added as a cosponsor

[[Page 10451]]

of S. 1619, a bill to establish the Office of Sustainable Housing and 
Communities, to establish the Interagency Council on Sustainable 
Communities, to establish a comprehensive planning grant program, to 
establish a sustainability challenge grant program, and for other 
purposes.


                                S. 1620

  At the request of Mr. Bingaman, the name of the Senator from 
California (Mrs. Feinstein) was added as a cosponsor of S. 1620, a bill 
to amend the Internal Revenue Code of 1986 to provide tax incentives 
and fees for increasing motor vehicle fuel economy, and for other 
purposes.


                                S. 1674

  At the request of Mr. Wyden, the name of the Senator from Oregon (Mr. 
Merkley) was added as a cosponsor of S. 1674, a bill to provide for an 
exclusion under the Supplemental Security Income program and the 
Medicaid program for compensation provided to individuals who 
participate in clinical trials for rare diseases or conditions.


                                S. 2899

  At the request of Mrs. Feinstein, the name of the Senator from Rhode 
Island (Mr. Whitehouse) was added as a cosponsor of S. 2899, a bill to 
amend the American Recovery and Reinvestment Act of 2009 and the 
Internal Revenue Code of 1986 to provide incentives for the development 
of solar energy.


                                S. 3036

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


                                S. 3072

  At the request of Mr. Rockefeller, the name of the Senator from 
Nebraska (Mr. Nelson) was added as a cosponsor of S. 3072, a bill to 
suspend, during the 2-year period beginning on the date of enactment of 
this Act, any Environmental Protection Agency action under the Clean 
Air Act with respect to carbon dioxide or methane pursuant to certain 
proceedings, other than with respect to motor vehicle emissions, and 
for other purposes.


                                S. 3122

  At the request of Mr. Ensign, the name of the Senator from Ohio (Mr. 
Voinovich) was added as a cosponsor of S. 3122, a bill to require the 
Attorney General of the United States to compile, and make publicly 
available, certain data relating to the Equal Access to Justice Act, 
and for other purposes.


                                S. 3238

  At the request of Mr. Schumer, the name of the Senator from Alaska 
(Mr. Begich) was added as a cosponsor of S. 3238, a bill to provide for 
a medal of appropriate design to be awarded by the President to the 
next of kin or other representative of those individuals killed as a 
result of the terrorist attacks of September 11, 2001, and to the 
memorials established at the 3 sites that were attacked on that day.


                                S. 3324

  At the request of Mr. Brown of Ohio, the name of the Senator from 
Illinois (Mr. Burris) was added as a cosponsor of S. 3324, a bill to 
amend the Internal Revenue Code of 1986 to extend the qualifying 
advanced energy project credit.


                                S. 3335

  At the request of Mr. Coburn, the names of the Senator from Delaware 
(Mr. Kaufman), the Senator from Maine (Ms. Snowe) and the Senator from 
Maine (Ms. Collins) were added as cosponsors of S. 3335, a bill to 
require Congress to establish a unified and searchable database on a 
public website for congressional earmarks as called for by the 
President in his 2010 State of the Union Address to Congress.


                                S. 3411

  At the request of Mrs. Gillibrand, the name of the Senator from New 
York (Mr. Schumer) was added as a cosponsor of S. 3411, a bill to 
provide for the adjustment of status for certain Haitian orphans 
paroled into the United States after the earthquake of January 12, 
2010.


                                S. 3434

  At the request of Mr. Bingaman, the name of the Senator from Rhode 
Island (Mr. Whitehouse) was added as a cosponsor of S. 3434, a bill to 
provide for the establishment of a Home Star Retrofit Rebate Program, 
and for other purposes.


                                S. 3447

  At the request of Mr. Akaka, the name of the Senator from Alaska (Mr. 
Begich) was added as a cosponsor of S. 3447, a bill to amend title 38, 
United States Code, to improve educational assistance for veterans who 
served in the Armed Forces after September 11, 2001, and for other 
purposes.


                                S. 3461

  At the request of Mr. Vitter, the name of the Senator from Alaska 
(Ms. Murkowski) was added as a cosponsor of S. 3461, a bill to create a 
fair and efficient system to resolve claims of victims for economic 
injury caused by the Deepwater Horizon incident, and to direct the 
Secretary of the Interior to renegotiate the terms of the lease known 
as ``Mississippi Canyon 252'' with respect to claims relating to the 
Deepwater Horizon explosion and oil spill that exceed existing 
applicable economic liability limitations.


                                S. 3462

  At the request of Mrs. Shaheen, the names of the Senator from Oregon 
(Mr. Merkley) and the Senator from Washington (Ms. Cantwell) were added 
as cosponsors of S. 3462, a bill to provide subpoena power to the 
National Commission on the British Petroleum Oil Spill in the Gulf of 
Mexico, and for other purposes.


                              S.J. RES. 29

  At the request of Mr. McConnell, the name of the Senator from Florida 
(Mr. LeMieux) was added as a cosponsor of S.J. Res. 29, a joint 
resolution approving the renewal of import restrictions contained in 
the Burmese Freedom and Democracy Act of 2003.


                              S. RES. 519

  At the request of Mr. DeMint, the name of the Senator from Idaho (Mr. 
Crapo) was added as a cosponsor of S. Res. 519, a resolution expressing 
the sense of the Senate that the primary safeguard for the well-being 
and protection of children is the family, and that the primary 
safeguards for the legal rights of children in the United States are 
the Constitutions of the United States and the several States, and 
that, because the use of international treaties to govern policy in the 
United States on families and children is contrary to principles of 
self-government and federalism, and that, because the United Nations 
Convention on the Rights of the Child undermines traditional principles 
of law in the United States regarding parents and children, the 
President should not transmit the Convention to the Senate for its 
advice and consent.


                              S. RES. 548

  At the request of Mr. Cornyn, the name of the Senator from Arizona 
(Mr. Kyl) was added as a cosponsor of S. Res. 548, a resolution to 
express the sense of the Senate that Israel has an undeniable right to 
self-defense, and to condemn the recent destabilizing actions by 
extremists aboard the ship Mavi Marmara.


                           AMENDMENT NO. 4312

  At the request of Mr. Vitter, the names of the Senator from Alabama 
(Mr. Shelby) and the Senator from Alaska (Mr. Begich) were added as 
cosponsors of amendment No. 4312 proposed to H.R. 4213, a bill to amend 
the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes.


                           AMENDMENT NO. 4321

  At the request of Mr. Casey, the names of the Senator from Vermont 
(Mr. Leahy), the Senator from Hawaii (Mr. Akaka), the Senator from New 
Jersey (Mr. Menendez), the Senator from Oregon (Mr. Merkley), the 
Senator from Pennsylvania (Mr. Specter), the Senator from Delaware (Mr. 
Kaufman), the Senator from New York (Mr. Schumer), the Senator from 
Illinois (Mr. Durbin) and the Senator from Maryland (Ms. Mikulski) were 
added as cosponsors of amendment No. 4321 intended to be proposed to 
H.R. 4213, a bill to amend the Internal Revenue Code of 1986 to extend 
certain expiring provisions, and for other purposes.


                           AMENDMENT NO. 4324

  At the request of Mr. Whitehouse, the names of the Senator from 
Massachusetts (Mr. Brown), the Senator

[[Page 10452]]

from Vermont (Mr. Leahy) and the Senator from Missouri (Mrs. McCaskill) 
were added as cosponsors of amendment No. 4324 intended to be proposed 
to H.R. 4213, a bill to amend the Internal Revenue Code of 1986 to 
extend certain expiring provisions, and for other purposes.


                           AMENDMENT NO. 4327

  At the request of Ms. Murkowski, the name of the Senator from Alaska 
(Mr. Begich) was added as a cosponsor of amendment No. 4327 intended to 
be proposed to H.R. 4213, a bill to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes.


                           AMENDMENT NO. 4332

  At the request of Mr. Kohl, the name of the Senator from Minnesota 
(Mr. Franken) was added as a cosponsor of amendment No. 4332 intended 
to be proposed to H.R. 4213, a bill to amend the Internal Revenue Code 
of 1986 to extend certain expiring provisions, and for other purposes.


                           AMENDMENT NO. 4333

  At the request of Mr. Thune, the name of the Senator from Georgia 
(Mr. Isakson) was added as a cosponsor of amendment No. 4333 intended 
to be proposed to H.R. 4213, a bill to amend the Internal Revenue Code 
of 1986 to extend certain expiring provisions, and for other purposes.
  At the request of Mr. McConnell, his name was added as a cosponsor of 
amendment No. 4333 intended to be proposed to H.R. 4213, supra.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. HAGAN (for herself, Mr. Casey, and Ms. Landrieu):
  3479. A bill to authorize the Secretary of Health and Human Services, 
acting through the Director of the Centers for Disease Control and 
Prevention, to establish and implement a birth defects prevention, risk 
reduction, and public awareness program; to the Committee on Health, 
Education, Labor, and Pensions.
  Mrs. HAGAN. Mr. President, today I am proud to introduce the Birth 
Defects Prevention, Risk Reduction, and Awareness Act. This bill would 
ensure that women of childbearing age and health care professionals 
have access to clinical and evidence based information about the risks 
and benefits of drug, chemical, and nutritional exposures during 
pregnancy and while a woman is breastfeeding.
  Women who are pregnant or breastfeeding and taking medication for 
chronic diseases such as asthma, hypertension, and epilepsy often have 
questions about the risks and benefits. Most pregnant women, as we 
witnessed last year, really want to know what the science indicates on 
whether they should get vaccinated against H1N1 or the seasonal flu.
  Oftentimes, women will seek answers to these important questions from 
an established pregnancy and breastfeeding information service. In 
fact, each year over 70,000 women and health care providers contact 
these information services across the country. These information 
services provide valuable information that empowers women. In fact, one 
study indicated that 78 percent of women who were considering 
terminating otherwise wanted pregnancies due to fears about exposing 
their fetus to a medication changed their mind after receiving 
appropriate counseling from a teratology information service.
  It is not just women who use these services; health care providers, 
including physicians and pharmacists, also utilize these pregnancy and 
breastfeeding information services. A 2009 study found that over 90 
percent of physicians who use these services indicated that the service 
provides high quality information that has a significant impact on 
clinical care.
  In North Carolina, we have the North Carolina Pregnancy Exposure 
Riskline, run out of Mission Health System in Asheville. The North 
Carolina Pregnancy Exposure Riskline fields calls from a variety of 
constituents, including health care providers, pregnant women, 
preconception women, potential adoptive parents, and others. Each year, 
trained genetic counselors answer questions from over 300 callers, who 
want information on the impact of maternal exposures during pregnancy 
and while breastfeeding.
  The North Carolina Pregnancy Exposure Riskline provides detailed, 
factual information to callers on the current available data, and makes 
referrals to pregnancy registries that are continuing to gather 
information so that researchers and health care providers can have the 
best information for future women. If needed and requested, counselors 
will refer women to pregnancy resources such as substances treatment 
facilities or the NC Family Health Resource line, which has led North 
Carolina in information campaigns on the benefits of folic acid and 
``Back to Sleep.''
  The North Carolina Pregnancy Exposure Riskline also supports the 
North Carolina Teratology Information Specialists program to provide 
outreach and education about fetal alcohol syndrome.
  Although this is an invaluable service for many women, physicians, 
and other health care providers, pregnancy and breastfeeding 
information services across the country have been forced to close due 
to insufficient funding.
  The bill I am introducing today would require the Secretary of Health 
and Human Services, through the Centers for Disease Control and 
Prevention, to implement a birth defects prevention and public 
awareness grant program. Specifically, CDC would initiate a national 
media campaign to increase awareness among health care providers and at 
risk populations about pregnancy and breast feeding information 
services. Experienced organizations would be eligible to apply for 
grants: to provide information; and to conduct surveillance and 
research of pregnancy exposures that may cause birth defects, 
prematurity or other adverse pregnancy outcomes, and maternal exposures 
that may cause harm to a breast-fed infant.
  I am so pleased that the American Academy of Pediatrics, the American 
Congress of Obstetricians and Gynecologists, the March of Dimes, the 
Organization of Teratology Information Specialists, and the American 
Academy of Asthma & Immunology are in support of this worthwhile bill.
  I urge my other colleagues to join me in supporting this important 
bill to provide valuable information about maternal exposures during 
pregnancy and while breastfeeding.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Ms. Collins, and Mr. Carper):
  S. 3480. A bill to amend the Homeland Seeurity Act of 2002 And other 
laws to enhance the security and resiliency of the cyber and 
communications infrastructure of the United States; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce the 
Protecting Cyberspace as a National Asset Act of 2010, which I believe 
would help secure the Nation's cyber networks against attack.
  The Internet may have started out as a communications oddity some 40 
years ago but it is now a necessity of modern life and, sadly, one that 
is under constant attack. Today, Senators Collins, Carper, and I are 
introducing legislation which we believe would help secure the most 
critical cyber networks and therefore all Americans.
  For all of its ``user-friendly'' allure, the Internet can also be a 
dangerous place with electronic pipelines that run directly into 
everything from our personal bank accounts to key infrastructure to 
government and industrial secrets. Our economic security, national 
security and public safety are now all at risk from new kinds of 
enemies--cyber-warriors, cyber-spies, cyberterrorists and cyber-
criminals. That risk may be as serious to our homeland security as 
anything we face today.
  Computer networks at the Departments of Defense are being probed 
hundreds of thousands of times a day, and networks at the Departments 
of State, Homeland Security and Commerce, as well as NASA and the 
National Defense University, have all suffered ``major intrusions by 
unknown foreign entities,'' according to reports.

[[Page 10453]]

  Key networks that control vital infrastructure, like the electric 
grid, have been probed, possibly giving our enemies information that 
could be used to plunge us into darkness at the press of a button from 
across an ocean. Banks have had millions and millions of dollars stolen 
from accounts by cyber-bandits who have never been anywhere near the 
banks themselves.
  In a report by McAfee--a computer security company, about 54 percent 
of the executives of critical infrastructure companies surveyed said 
their companies had been the victims of denial of service attacks or 
network infiltration by organized crime groups, terrorists, and other 
nation-states. The downtime to recover from these attacks can cost $6 
million to $8 million a day.
  Our present efforts at securing these vital but sprawling government 
and private sector networks have been disjointed, understaffed and 
underfinanced. We have not operated with the sense of urgency that is 
necessary to protect Americans' cyberspace, which the President has 
correctly described as a ``strategic national asset.''
  Our bill would bring these disjointed efforts together so that the 
federal government and the private sector can coordinate their 
activities and work off the same playbook.
  While President Obama's creation of a cyber-security coordinator 
inside the White House was a step in the right direction, we need to 
make that position permanent, transparent and accountable to Congress 
and the American people.
  So, our proposal would create a Senate-confirmed White House cyber-
security coordinator whose job would be to lead all federal cyber-
security efforts; develop a national strategy--that incorporates all 
elements of cyberspace policy, including military, law enforcement, 
intelligence, and diplomatic; give policy advice to the President; and 
resolve interagency disputes.
  The Director of the Office of Cyberspace Policy would oversee all 
related federal cyberspace activities to ensure efficiency and 
coordination and would report regularly to Congress to ensure 
transparency and oversight.
  Our legislation also would create a National Center for Cybersecurity 
an Communications, NCCC, within the Department of Homeland Security, 
DHS, to elevate and strengthen the Department's cyber security 
capabilities and authorities. The NCCC would be run by a Senate-
confirmed Director who would have the authority and resources to work 
with the rest of the Federal Government to protect public and private 
sector cyber networks.
  DHS has shown that vulnerabilities in key private sector networks--
like utilities and communications systems--could bring our economy to 
its knees if attacked or commandeered by a foreign power or cyber-
terrorists. But other than pointing out a vulnerability, DHS has lacked 
the power to do anything about it. Our legislation would give DHS the 
authority to ensure that our nation's most critical infrastructure is 
protected from cyber attack.
  Defense of our cyber networks will only be successful if industry and 
government work together, so this legislation sets up a collaborative 
process where the best ideas of the private sector and the government 
can be used to meet a baseline set of security requirements that DHS 
would oversee.
  Specifically, the NCCC would work with the private sector to 
establish risk-based security requirements that strengthen the cyber 
security for the nation's most critical infrastructure, such as vital 
components of the electric grid, telecommunications networks, and 
financial sector that, if disrupted, would result in a national or 
regional catastrophe. Owners and operators of critical infrastructure 
covered under the act could choose which security measures to implement 
to meet these risk-based performance requirements. The act would 
provide some liability protections to owners/operators who demonstrate 
compliance with the new risk-based security requirements.
  Covered critical infrastructure must also report significant breaches 
to the NCCC to ensure the federal government has a complete picture of 
the security of these networks. In return, the NCCC would share 
information, including threat analysis, with owners and operators 
regarding risks to their networks. The NCCC would also produce and 
share useful warning, analysis, and threat information with other 
Federal agencies, State and local governments, and international 
partners.
  To increase security across the private sector more broadly, the NCCC 
would collaborate with the private sector to develop best practices for 
cyber security. By promoting best practices and providing voluntary 
technical assistance as resources permit, the NCCC would help improve 
cyber security across the Nation. Information the private sector shares 
with the NCCC would be protected from public disclosure, and private 
sector owners and operators may obtain security clearances to access 
information necessary to protect the IT networks the American people 
depend upon.
  Thanks to great work by Senator Carper, our legislation would update 
the Federal Information Security Management Act--or FISMA--to require 
continuous monitoring and protection of our federal networks and do 
away with the paper-based reporting system that currently exists. The 
act also would codify and strengthen DHS authorities to establish 0 
complete situational awareness for Federal networks and develop tools 
to improve resilience of Federal Government systems and networks.
  In the event of an attack--or threat of an attack--that could have 
catastrophic consequences to our economy, national security or public 
safety, our bill would give the President the authority to impose 
emergency measures on a select group of the most critical 
infrastructure to preserve their cyber networks and assets and protect 
our country and the American people. These emergency measures would 
automatically expire within 30 days unless the President ordered an 
extension.
  These measures would be developed in consultation with the private 
sector and would apply if the President has credible evidence a cyber 
vulnerability is being exploited or is about to be exploited. If 
possible, the President must notify Congress in advance about the 
threat and the emergency measures that would be taken to mitigate it. 
Any emergency measures imposed must be the least disruptive necessary 
to respond to the threat. The bill does not authorize any new 
surveillance authorities, or permit the government to ``take over'' 
private networks.
  Of course, DHS would need a lot of talented people to accomplish 
these missions, and our bill gives it the flexibility to recruit, hire, 
and retain the experts it would need to be successful. Our bill would 
require the Office of Personal Management to reform the way cyber 
security personnel are recruited, hired, and trained and would provide 
DHS with temporary hiring and pay flexibilities to assist in the quick 
establishment of the NCCC.
  Finally, our legislation would require the Federal Government to 
develop and implement a strategy to ensure that almost $80 billion of 
the information technology products and services it purchases each year 
are secure and do not provide our adversaries with a backdoor into our 
networks.
  More specifically, the act would require development of a 
comprehensive supply chain risk management strategy to address risks 
and threats to the information technology products and services the 
federal government relies upon. This strategy would allow agencies to 
make informed decisions when purchasing IT products and services. This 
provision would be implemented through the Federal Acquisition 
Regulation, requiring contracting officers to consider the security 
risks inherent in agency IT procurements. The value of this approach is 
that once security features are developed to protect federal networks, 
private sector customers may be able to purchase that same level of 
security in the products they buy.
  The need for this legislation is both obvious and urgent.
  A report by the bipartisan Center for Strategic and International 
Studies, CSIS, concluded that ``we face a long-

[[Page 10454]]

term challenge in cyberspace from foreign intelligence agencies and 
militaries, criminals and others, and losing this struggle would wreak 
serious damage on the economic health and national security of the 
United States.''
  Given these stakes, Senators Collins, Carper, and I are confident our 
colleagues will join with us and pass the ``Protecting Cyberspace as a 
National Asset Act'' in the 110th Congress.
  Ms. COLLINS. Mr. President, I rise to join Senators Lieberman and 
Carper in introducing the Protecting Cyberspace as a National Asset Act 
of 2010. This vital legislation would fortify the government's efforts 
to safeguard America's cyber networks from attack. It would build a 
public/private partnership to promote national cyber security 
priorities. It would strengthen the government's ability to set, 
monitor compliance with, and enforce standards and policies for 
securing Federal civilian systems and the sensitive information they 
contain.
  The marriage of increasingly robust computer technology to expanding 
and nearly instantaneous global telecommunications networks is a truly 
seismic event in human history. This information revolution touches 
everything, from personal relationships and entertainment to commerce, 
scientific research, and the most sensitive national security 
information. Cyberspace is a place of great, even unparalleled, power.
  But, to tweak the familiar saying, with great power comes great 
vulnerability. Cyberspace is under increasing assault on all fronts: 
cyber vandalism, cyber crime, cyber sabotage, and cyber espionage. 
Across the world at this moment, computer networks are being hacked, 
probed, and infiltrated relentlessly. The purpose of these cyber 
exploits ranges from simple mischief and massive theft to societal 
mayhem and geopolitical advantage.
  In February, Dennis Blair, the former Director of National 
Intelligence, gave this chilling assessment before the Senate Select 
Committee on Intelligence:
  ``Malicious cyber activity is occurring on an unprecedented scale 
with extraordinary sophistication. While both the threats and 
technologies associated with cyberspace are dynamic, the existing 
balance in network technology favors malicious actors, and is likely to 
continue to do so for the foreseeable future.''
  Consider these sobering facts:
  Cyber crime costs our national economy nearly $8 billion annually.
  Hackers can operate in relative safety and anonymity from a laptop or 
desktop anywhere in the world. The expanding capabilities of wireless 
hand-held devices strengthen this cloak of cyber invisibility.
  As our national and global economies become ever more intertwined, 
cyber terrorists have greater potential to attack high-value targets. 
From anywhere in the world, they could disrupt telecommunications 
systems, shut down electric power grids, or freeze financial markets. 
With sufficient know-how and a few keystrokes, they could cause 
billions of dollars in damage and put thousands of lives in jeopardy.
  As the hackers' techniques advance, the number of hacking attempts is 
exploding. Just this March, the Senate's Sergeant at Arms reported that 
the computer systems of Congress and Executive Branch agencies now are 
under cyber attack an average of 1.8 billion times per month.
  Recent examples of cyber attacks are myriad and disturbing:
  Press reports a year ago stated that China and Russia had penetrated 
the computer systems of America's electrical grid. The hackers 
allegedly left behind malicious hidden software that could be activated 
later to disrupt the grid during a war or other national crisis.
  At about the same time, we learned that, beginning in 2007 and 
continuing well into 2008, hackers repeatedly broke into the computer 
systems of the Pentagon's $300-billion Joint Strike Fighter project. 
They stole crucial information about the Defense Department's costliest 
weapons program ever.
  In 2007, the country of Estonia was attacked in cyberspace. A 3-week 
onslaught of botnets overwhelmed the computer systems of the nation's 
parliament, government ministries, banks, telecommunications networks, 
and news organizations. This attack on Estonia is a wake-up call that 
has yet to be sufficiently heeded.
  The private sector is also under attack. In January, Google announced 
that attacks originating in China had targeted its systems as well as 
the networks of more than 30 other companies. The attacks on Google 
sought to access the email accounts of Chinese human rights activists. 
For the other companies, lucrative information, such as critical 
corporate data and software source codes, were targeted.
  Last year, cyber thieves secretly implanted circuitry into keypads 
sold to British supermarkets, which were then used to steal account 
information and PIN numbers. This same tactic was used against a large 
supermarket chain in Maine, compromising more than 4 million credit 
cards.
  Nor are small businesses immune. Last summer, a small Maine 
construction firm found that cyber crooks had stolen nearly $600,000 
through an elaborate scheme involving dozens of coconspirators 
throughout the United States.
  These attacks, and the hundreds like them that are occurring at any 
given time whether on our government or private sector systems, have 
ushered us into a new age of cyber crime and, indeed, cyber warfare. 
They underscore the high priority we must give to the security of our 
information technology systems.
  The terrorist attacks of September 11, 2001, exposed the 
vulnerability of our nation to catastrophic attacks. Since that 
terrible day, we have done much to protect potential targets such as 
ports, chemical facilities, transportation systems, water supplies, 
government buildings, and other vital assets. We cannot afford to wait 
for a ``cyber 9/11'' before our government finally realizes the 
importance of protecting our digital resources, limiting our 
vulnerabilities, and mitigating the consequences of penetrations of our 
networks.
  Chairman Lieberman and I have held a number of hearings on cyber 
security in the Senate Homeland Security and Governmental Affairs 
Committee. Senator Carper has been similarly active, particularly on 
exploring modifications to the Federal Information Security Management 
Act that are designed to enhance protections of Federal networks and 
information.
  From our examinations of this issue, we know that there are threats 
to and vulnerabilities in our cyber networks. We also know that the 
tactics used to exploit these vulnerabilities are constantly evolving 
and growing increasingly dangerous. Now, it is time to take action. A 
strong and sustained Federal effort to promote cyber security is a key 
component of effective deterrence.
  For too long, our approach to cyber security has been disjointed and 
uncoordinated. This cannot continue. The United States requires a 
comprehensive cyber security strategy backed by aggressive 
implementation of effective security measures. There must be strong 
coordination among law enforcement, intelligence agencies, the 
military, and the private owners and operators of critical 
infrastructure.
  This bill would establish the essential point of coordination. The 
Office of Cyberspace Policy in the Executive Office of the President 
would be run by a Senate-confirmed Director who would advise the 
President on all cyber security matters. The Director would lead and 
harmonize Federal efforts to secure cyberspace and would develop a 
national strategy that incorporates all elements of cyber security 
policy, including military, law enforcement, intelligence, and 
diplomacy. The Director would oversee all Federal activities related to 
the national strategy to ensure efficiency and coordination. The 
Director would report regularly to Congress to ensure transparency and 
oversight.
  To be clear, the White House official would not be another 
unaccountable czar. The Cyber Director would be a Senate-confirmed 
position and thus would testify before Congress. The important 
responsibilities given to the

[[Page 10455]]

Director of the Office of Cyberspace Policy related to cybersecurity 
are similar to the responsibilities of the current Director of the 
Office of Science and Technology Policy.
  The Cyber Director would advise the President and coordinate efforts 
across the Executive Branch to protect and improve our cybersecurity 
posture and communications networks. By working with a strong 
operational and tactical partner at the Department of Homeland 
Security, the Director would help improve the security of Federal and 
private sector networks.
  This strong DHS partner would be the National Center for 
Cybersecurity and Communications, or Cyber Center. It would be located 
within the Department of Homeland Security to elevate and strengthen 
the Department's cyber security capabilities and authorities. This 
Center also would be led by a Senate-confirmed Director.
  The Cyber Center, anchored at DHS, with a strong and empowered 
leader, will close the coordination gaps that currently exist in our 
disjointed federal cyber security efforts. For day-to-day operations, 
the Center would use the resources of DHS, and the Center Director 
would report directly to the Secretary of Homeland Security. On 
interagency matters related to the security of federal networks, the 
Director would regularly advise the President--a relationship similar 
to the Director of the NCTC on counterterrorism matters or the Chairman 
of the Joint Chiefs of Staff on military issues. These dual 
relationships would give the Center Director sufficient rank and 
stature to interact effectively with the heads of other departments and 
agencies, and with the private sector.
  Congress has dealt with complex challenges involving the need for 
interagency coordination in the past with a similar construct. We have 
established strong leaders with supporting organizational structures to 
coordinate and implement action across agencies, while recognizing and 
respecting disparate agency missions.
  The establishment of the National Counterterrorism Center within the 
Office of the Director of National Intelligence is a prime example of a 
successful reorganization that fused the missions of multiple agencies. 
The Director of NCTC is responsible for the strategic planning of joint 
counterterrorism operations, and in this role reports to the President. 
When implementing the information analysis, integration, and sharing 
mission of the Center, the Director reports to the Director of National 
Intelligence. These dual roles provide access to the President on 
strategic, interagency matters, yet provide NCTC with the structural 
support and resources of the office of the DNI to complete the day-to-
day work of the NCTC. The DHS Cyber Center would replicate this 
successful model for cyber security.
  As we have seen repeatedly, from the financial crisis to the 
environmental catastrophe in the Gulf of Mexico, what happens in the 
private sector does not always affect just the private sector. The 
ramifications for government and for the taxpayers often are enormous.
  This bill would establish a public/private partnership to improve 
cyber security. Working collaboratively with the private sector, the 
Center would produce and share useful warning, analysis, and threat 
information with the private sector, other Federal agencies, 
international partners, and state and local governments. By developing 
and promoting best practices and providing voluntary technical 
assistance to the private sector, the Center would improve cyber 
security across the nation. Best practices developed by the Center 
would be based on collaboration and information sharing with the 
private sector. Information shared with the Center by the private 
sector would be protected.
  With respect to the owners and operators of our most critical systems 
and assets, the bill would mandate compliance with certain risk-based 
performance requirements to close security gaps. These requirements 
would apply to vital components of the electric grid, 
telecommunications networks, financial systems, or other critical 
infrastructure systems that could cause a national or regional 
catastrophe if disrupted.
  This approach would be similar to the current model that DHS employs 
with the chemical industry. Rather than setting specific standards, DHS 
would employ a risk-based approach to evaluating cyber vulnerabilities, 
and the owners and operators of covered critical infrastructure would 
develop a plan for protecting those vulnerabilities and mitigating the 
consequences of an attack.
  These owners and operators would be able to choose which security 
measures to implement to meet applicable risk-based performance 
requirements. The bill does not authorize any new surveillance 
authorities or permit the government to ``take over'' private networks. 
This model would allow for continued innovation and dynamism that are 
fundamental to the success of the IT sector.
  The bill would provide limited liability protections to the owners 
and operators of covered critical infrastructure that comply with the 
new risk-based performance requirements. Covered critical 
infrastructure also would be required to report certain significant 
breaches affecting vital system functions to the center. These reports 
would help ensure that the Federal Government has comprehensive 
awareness of the security risks facing these critical networks.
  If a cyber attack is imminent or occurring, the bill would provide a 
responsible framework, developed in coordination with the private 
sector, for the President to authorize emergency measures to protect 
the Nation's most critical infrastructure. The President would be 
required to notify Congress in advance of the declaration of a national 
cyber emergency, or as soon thereafter as possible. This notice would 
include the nature of the threat, the reason existing protective 
measures are insufficient to respond to the threat, and the emergency 
actions necessary to mitigate the threat. The emergency measures would 
be limited in duration and scope.
  Any emergency actions directed by the President during the 30-day 
period covered by the declaration must be the least disruptive means 
feasible to respond to the threat. Liability protections would apply to 
owners and operators required to implement these measures, and if other 
mitigation options were available, owners and operators could propose 
those alternative measures to the Director and, once approved, 
implement those in lieu of the mandatory emergency measures.
  The center also would share information, including threat analysis, 
with owners and operators of critical infrastructure regarding risks 
affecting the security of their sectors. The center would work with 
sector-specific agencies and other Federal agencies with existing 
regulatory authority to avoid duplication of requirements, to use 
existing expertise, and to ensure government resources are employed in 
the most efficient and effective manner.
  With regard to Federal networks, the Federal Information Security 
Management Act--known as FISMA--gives the Office of Management and 
Budget broad authority to oversee agency information security measures. 
In practice, however, FISMA is frequently criticized as a ``paperwork 
exercise'' that offers little real security and leads to a disjointed 
cyber security regime in which each Federal agency haphazardly 
implements its own security measures.
  The bill we introduce today would transform FISMA from paper-based to 
real-time responses. It would codify and strengthen DHS authorities to 
establish complete situational awareness for Federal networks and 
develop tools to improve resilience of Federal Government systems and 
networks.
  The legislation also would take advantage of the Federal Government's 
massive purchasing power to help bring heightened cyber security 
standards to the marketplace. Specifically, the Director of the Center 
would be charged with developing a supply chain risk management 
strategy applicable to Federal procurements. This strategy would 
emphasize the security of information systems from development to 
acquisition and throughout their operational life cycle.

[[Page 10456]]

  While the Director should not be responsible for micromanaging 
individual procurements or directing investments, we have seen far too 
often that security is not a primary concern when agencies procure 
their IT systems. Recommending security investments to OMB and 
providing strategic guidance on security enhancements early in the 
development and acquisition process will help ``bake in'' security. 
Cyber security can no longer be an afterthought in our government 
agencies.
  These improvements in Federal acquisition policy should have 
beneficial ripple effects in the larger commercial market. As a large 
customer, the Federal Government can contract with companies to 
innovate and improve the security of their IT services and products. 
With the Government's vast purchasing power, these innovations can 
establish new security baselines for services and products offered to 
the private sector and the general public.
  Finally, the legislation would direct the Office of Personnel 
Management to reform the way cyber security personnel are recruited, 
hired, and trained to ensure that the Federal Government and the 
private sector have the talent necessary to lead this national effort 
and protect its own networks. The bill would also provide DHS with 
temporary hiring and pay flexibilities to assist in the establishment 
of the center.
  Some have suggested that this effort can be led from the White House 
alone--why create a new center at DHS and two Senate-confirmed Director 
positions? One of the great lessons of 9/11 is that true security 
demands aggressive oversight, expert evaluation, and thorough testing 
of systems. There must be constant, real-time monitoring of security 
and analysis of threats. This task requires much more than a cyber 
czar. It requires strong civilian counterparts to the Secretary of 
Defense and the Director of National Intelligence. These Directors, at 
the White House and at DHS, would serve as those counterparts.
  The National Security Agency and other intelligence agencies possess 
enormous skills and resources, but privacy and civil liberties demands 
preclude these agencies from shouldering a leadership role in the 
security of our civilian information technology systems. The 
intelligence community must play a critical part in providing threat 
information, but it cannot lead the cyber security effort.
  We are all acutely aware that there are those who seek to do harm to 
this country and to our people. If hackers can nearly bring Estonia to 
its knees through cyber attacks, infiltrate our military's most 
closely-guarded project, and, in the case of Google, hack the computers 
owned and operated by some of the world's most successful computer 
experts, we must assume even more spectacular and potentially 
devastating attacks lie ahead.
  We must be ready. It is vitally important that we build a strong 
public-private partnership to protect cyberspace. It is a vital engine 
of our economy, our government, our country and our future. I urge my 
colleagues to support this crucial legislation.
                                 ______
                                 
      By Mr. CARDIN:
  S. 3481. A bill to amend the Federal Water Pollution Control Act to 
clarify Federal responsibility for stormwater pollution; to the 
Committee on Environment and Public Works.
  Mr. CARDIN. Mr. President, in recent weeks the issue of polluted 
stormwater runoff from federal properties has again gained significant 
attention. I continue to have grave concerns about the failure of the 
Federal Government to pay localities for reasonable costs associated 
with the control and abatement of pollution that is originating on its 
properties. At stake is a fundamental issue of equity: polluters should 
be financially responsible for the pollution that they cause. That 
includes the Federal Government.
  Today I am introducing legislation that makes it clear. Uncle Sam 
must pay his bills just like every other American.
  Annually hundreds of thousands of pounds of pollutants wash off the 
hardened surfaces in urban areas and into local rivers and streams, 
threatening the health of our citizens and causing significant 
environmental degradation. A one-acre parking lot produces about 16 
times the volume of runoff that comes from a one-acre meadow. These 
pollutants include heavy metals, nitrogen and phosphorous, oil and 
grease, pesticides, bacteria, including deadly
e. coli, sediment, toxic chemicals, and debris. Indeed, stormwater 
runoff is the largest source sector for many imperiled bodies of water 
across the country. According to the Environmental Protection Agency, 
stormwater pollution affects all types of water bodies including in 
order of severity; ocean shoreline, estuaries such as the Chesapeake 
Bay, Great Lakes shorelines, lakes and rivers. Degraded aquatic 
habitats are found everywhere that stormwater enters local waterways.
  On October 5, 2009, President Obama issued a Federal Executive order 
on sustainability which set goals for Federal agencies and focused on 
making improvements in their environmental, energy and economic 
performance. Among other requirements, the order specifically requires 
the implementation of the stormwater provisions of the Energy 
Independence and Security Act of 2007, section 438.
  I am the author of that provision, which requires the Federal 
Government to maintain the predevelopment hydrology ``to the maximum 
extent practicable'' of all new building sites or major renovations. 
This requirement echoed the provision in the President's Chesapeake Bay 
Protection and Restoration Executive Order issued on May 12, 2009. In 
the final Strategy for Protecting and Restoring the Chesapeake Bay 
Watershed, issued on the one-year anniversary of the Executive Order, 
each Federal agency is being called upon to implement ``the stormwater 
requirements for new development and redevelopment in Section 438 of 
the Energy Independence and Security Act. . .'' (pp. 33-34). These 
parallel Federal stormwater management requirements are explicit 
recognition of the importance of controlling and managing stormwater 
pollution from Federal properties.
  As EPA requires more communities to address stormwater pollution 
through Clean Water Act required Municipal Separate Storm Sewer System 
permits, these communities are responding with a variety of fee-based 
management systems that will allow them to mitigate, manage and prevent 
this type of pollution.
  The EPA requires National Pollution Discharge Elimination Permits for 
large communities. The President has issued two Executive Orders that 
directly note the need to address this type of pollution ``to the 
maximum extent practicable.'' Clearly, these actions demonstrate that 
the administration recognizes the importance of dealing adequately with 
stormwater pollution.
  I believe that this administration recognizes its responsibility to 
manage the stormwater pollution that comes off Federal properties. But 
that responsibility needs to translate into payments to the local 
governments that are forced to deal with this pollution. That 
commitment needs to be more than an Executive order. Adopting the 
legislation that I am introducing today will remove all ambiguity about 
the responsibility of the Federal Government to pay these normal and 
customary stormwater fees.
  This is a matter of basic equity. I call upon all of my colleagues to 
join me in supporting this simple legislative remedy.
  Mr. President, I ask unanimous consent that the text of the bill he 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3481

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

     SECTION 1. FEDERAL RESPONSIBILITY FOR STORMWATER POLLUTION.

       Section 313 of the Federal Water Pollution Control Act (33 
     U.S.C. 1323) is amended by adding at the end the following:
       ``(c) Federal Responsibility for Stormwater Pollution.--
     Reasonable service charges described in subsection (a) 
     include reasonable fees or assessments made

[[Page 10457]]

     for the purpose of stormwater management in the same manner 
     and to the same extent as any nongovernmental entity.
       ``(d) No Treatment as Tax or Levy.--A fee or assessment 
     described in this section--
       ``(1) shall not be considered to be a tax or other levy 
     subject to an assertion of sovereign immunity; and
       ``(2) may be paid using appropriated funds.''.
                                 ______
                                 
      By Mr. REID:
  S. 3482. A bill to provide for the development of solar pilot project 
areas on public land in Lincoln County, Nevada; to the Committee on 
Energy and Natural Resources.
  Mr. REID. Mr. President, today I rise to introduce the American Solar 
Energy Pilot Leasing Act of 2010. Solar energy development is a 
critical factor in creating jobs and making the United States energy 
independent. This legislation will provide a pilot program for the 
Department of the Interior to develop a solar leasing program in 
Nevada.
  The Secretary of the Interior, though the Bureau of Land Management, 
BLM, is currently developing a west wide solar energy program based on 
existing laws and regulations. The BLM, however, does not currently 
have the legal authority to lease public lands for solar development. 
This bill will establish, in Lincoln County, the first Federal solar 
leasing program in the U.S., which will serve as a pilot project for 
the Department of the Interior in order to guide development of solar 
leasing throughout the west in the years to come.
  The American Solar Energy Pilot Leasing Act designates two solar 
development zones in Lincoln County for commercial solar energy 
development. The 10,945 acre Dry Lake zone and the 2,845 acre Delamar 
Valley zone are within high solar potential areas identified by the BLM 
and were selected by Lincoln County based on extensive public input. 
Since the solar zones border the Southwest Intertie Project, SWIP, 
transmission corridor, these projects will create the opportunity for 
southern Nevada and California to tap directly into Lincoln County's 
abundant renewable power resources.
  Our bill directs the agency to consult with the County and local 
stakeholders before offering both parcels for lease not more than 60 
days after the bill becomes law. In order to ensure efficient and wise 
development throughout the west, the BLM is also directed to establish 
diligent development requirements to ensure leased areas are 
efficiently developed and to promulgate regulations to guide 
development of the burgeoning solar leasing program.
  The act directs the BLM to set a royalty rate at a level that will 
encourage efficient production of solar energy and ensure a fair return 
to the public for the necessary development of the public lands. As 
part of this program, the BLM is given the flexibility to charge a 
lower royalty, or even no royalty, for up to five years after energy 
generation begins as an incentive to promote the maximum generation of 
solar energy.
  Royalties and fees from these solar leasing pilot projects will be 
disbursed into four accounts. Thirty-five percent will be deposited 
into the Renewable Energy Mitigation Fish and Wildlife Fund--
established by this act to protect and restore wildlife and their 
habitat and to implement the Land and Water Conservation Fund in 
Nevada. The State of Nevada and Lincoln County will each receive 25 
percent of the collected royalties and fees. The last 15 percent will 
be directed to the BLM to fund renewable energy permit processing over 
the next 10 years. At the end of that 10-year period, this 15 percent 
will be directed to the Renewable Energy Mitigation Fish and Wildlife 
Fund, in addition to the 35 percent initially set aside for this 
account.
  As you know, I have been a longtime champion for the development of 
clean, renewable energy resources. Nevada has unparalleled potential 
for solar energy development and is poised to lead our Nation in clean 
energy development and innovation. This is a significant step toward 
moving our country away from dirty fossil fuels and creating a new job 
market in the west. The model established by this legislation will also 
reinvest a responsible portion of the royalties and fees from solar 
energy development into the states and rural communities whose land is 
being used to power our Nation.
  I would like to thank Lincoln County and a great number of sportsmen, 
ranchers, and conservationists who have helped us shape this 
legislation. I am pleased to bring this bill to the committee and I 
look forward to working with Chairman Bingaman, Ranking Member 
Murkowski and the other distinguished members to move this bill through 
the legislative process.
  Mr. President, I ask for 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. 3482

       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 ``American Solar Energy Pilot 
     Leasing Act of 2010''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) County.--The term ``County'' means Lincoln County, 
     Nevada.
       (2) Federal land.--The term ``Federal land'' means any of 
     the Federal land in the State under the administrative 
     jurisdiction of the Bureau of Land Management that is 
     identified as a ``solar development zone'' on the maps.
       (3) Fund.--The term ``Fund'' means the Renewable Energy 
     Mitigation and Fish and Wildlife Fund established by section 
     3(d)(5)(A).
       (4) Map.--The term ``map'' means each of--
       (A) the map entitled ``Dry Lake Valley Solar Development 
     Zone'' and dated May 25, 2010; and
       (B) the map entitled ``Delamar Valley Solar Development 
     Zone'' and dated May 25, 2010.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.
       (6) State.--The term ``State'' means the State of Nevada.

     SEC. 3. DEVELOPMENT OF SOLAR PILOT PROJECT AREAS ON PUBLIC 
                   LAND IN LINCOLN COUNTY, NEVADA.

       (a) Designation.--In accordance with sections 201 and 202 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1711, 1712) and subject to valid existing rights, the 
     Secretary shall designate the Federal land as a solar pilot 
     project area.
       (b) Applicable Law.--The designation of the solar pilot 
     project area under subsection (a) shall be subject to the 
     requirements of--
       (1) this Act;
       (2) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (3) any other applicable law (including regulations).
       (c) Solar Lease Sales.--
       (1) In general.--The Secretary shall conduct lease sales 
     and issue leases for commercial solar energy development on 
     the Federal land, in accordance with this subsection.
       (2) Deadline for lease sales.--Not later than 60 days after 
     the date of enactment of this Act, the Secretary, after 
     consulting with affected governments and other stakeholders, 
     shall conduct lease sales for the Federal land.
       (3) Easements, special-use permits, and rights-of-way.--
     Except for the temporary placement and operation of testing 
     or data collection devices, as the Secretary determines to be 
     appropriate, and the rights-of-way granted under section 
     301(b)(1) of the Lincoln County Conservation, Recreation, and 
     Development Act of 2004 (Public Law 108-424; 118 Stat. 2413) 
     and BLM Case File N-78803, no new easements, special-use 
     permits, or rights-of-way shall be allowed on the Federal 
     land during the period beginning on the date of enactment of 
     this Act and ending on the date of the issuance of a lease 
     for the Federal land.
       (4) Diligent development requirements.--In issuing a lease 
     under this subsection, the Secretary shall include work 
     requirements and mandatory milestones--
       (A) to ensure that diligent development is carried out 
     under the lease; and
       (B) to reduce speculative behavior.
       (5) Land management.--The Secretary shall--
       (A) establish the duration of leases issued under this 
     subsection;
       (B) include provisions in the lease requiring the holder of 
     a lease granted under this subsection--
       (i) to furnish a reclamation bond or other form of security 
     determined to be appropriate by the Secretary;
       (ii) on completion of the activities authorized by the 
     lease--

       (I) to restore the Federal land that is subject to the 
     lease to the condition in which the Federal land existed 
     before the lease was granted; or
       (II) to conduct mitigation activities if restoration of the 
     land to the condition described in subclause (I) is 
     impracticable; and

[[Page 10458]]

       (iii) to comply with such other requirements as the 
     Secretary considers necessary to protect the interests of the 
     public and the United States; and
       (C)(i) establish best management practices to ensure the 
     sound, efficient, and environmentally responsible development 
     of solar resources on the Federal land in a manner that would 
     avoid, minimize, and mitigate actual and anticipated impacts 
     to habitat and ecosystem function resulting from the 
     development; and
       (ii) include provisions in the lease requiring renewable 
     energy operators to comply with the practices established 
     under clause (i).
       (d) Royalties.--
       (1) In general.--The Secretary shall establish royalties, 
     fees, rentals, bonuses, and any other payments the Secretary 
     determines to be appropriate to ensure a fair return to the 
     United States for any lease issued under this section.
       (2) Rate.--Any lease issued under this section shall 
     require the payment of a royalty established by the Secretary 
     by regulation in an amount that is equal to a percentage of 
     the gross proceeds from the sale of electricity at a rate 
     that--
       (A) encourages production of solar energy;
       (B) ensures a fair return to the public comparable to the 
     return that would be obtained on State and private land; and
       (C) encourages the maximum energy generation practicable 
     using the least amount of land and other natural resources, 
     including water.
       (3) Royalty relief.--To promote the maximum generation of 
     renewable energy, the Secretary may provide that no royalty 
     or a reduced royalty is required under a lease for a period 
     not to exceed 5 years beginning on the date on which 
     generation is initially commenced on the Federal land subject 
     to the lease.
       (4) Disposition of proceeds.--
       (A) In general.--Of the amounts collected as royalties, 
     fees, rentals, bonuses, or other payments under a lease 
     issued under this section--
       (i) 25 percent shall be paid by the Secretary of the 
     Treasury to the State within the boundaries of which the 
     income is derived;
       (ii) 25 percent shall be paid by the Secretary of the 
     Treasury to the 1 or more counties within the boundaries of 
     which the income is derived;
       (iii) 15 percent shall--

       (I) for the period beginning on the date of enactment of 
     this Act and ending on the date specified in subclause (II), 
     be deposited in the Treasury of the United States to help 
     facilitate the processing of renewable energy permits by the 
     Bureau of Land Management in the State, subject to 
     subparagraph (B)(i)(I); and
       (II) beginning on the date that is 10 years after the date 
     of enactment of this Act, be deposited in the Fund; and

       (iv) 35 percent shall be deposited in the Fund.
       (B) Limitations.--
       (i) Renewable energy permits.--For purposes of subclause 
     (I) of subparagraph (A)(iii)--

       (I) not more than $10,000,000 shall be deposited in the 
     Treasury at any 1 time under that subclause; and
       (II) the following shall be deposited in the Fund:

       (aa) Any amounts collected under that subclause that are 
     not obligated by the date specified in subparagraph 
     (A)(iii)(II).
       (bb) Any amounts that exceed the $10,000,000 deposit limit 
     under subclause (I).
       (ii) Fund.--Any amounts deposited in the Fund under clause 
     (i)(II) or subparagraph (A)(iii)(II) shall be in addition to 
     amounts deposited in the Fund under subparagraph (A)(iv).
       (5) Renewable energy mitigation and fish and wildlife 
     fund.--
       (A) Establishment.--There is established in the Treasury of 
     the United States a fund, to be known as the ``Renewable 
     Energy Mitigation and Fish and Wildlife Fund'', to be 
     administered by the Secretary, for use in the State.
       (B) Use of funds.--Amounts in the Fund shall be available 
     to the Secretary, who may make the amounts available to the 
     State or other interested parties for the purposes of--
       (i) mitigating impacts of renewable energy on public land, 
     with priority given to land affected by the solar development 
     zones designated under this Act, including--

       (I) protecting wildlife corridors and other sensitive land; 
     and
       (II) fish and wildlife habitat restoration; and

       (ii) carrying out activities authorized under the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et 
     seq.) in the State.
       (C) Availability of amounts.--Amounts in the Fund shall be 
     available for expenditure, in accordance with this paragraph, 
     without further appropriation, and without fiscal year 
     limitation.
       (D) Investment of fund.--
       (i) In general.--Any amounts deposited in the Fund shall 
     earn interest in an amount determined by the Secretary of the 
     Treasury on the basis of the current average market yield on 
     outstanding marketable obligations of the United States of 
     comparable maturities.
       (ii) Use.--Any interest earned under clause (i) may be 
     expended in accordance with this paragraph.
       (e) Priority Development.--
       (1) In general.--Within the County, the Secretary shall 
     give highest priority consideration to implementation of the 
     solar lease sales provided for under this Act.
       (2) Evaluation.--The Secretary shall evaluate other solar 
     development proposals in the County not provided for under 
     this Act in consultation with the State, County, and other 
     interested stakeholders.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE RESOLUTION 549--CONGRATULATING THE CHICAGO BLACKHAWKS ON WINNING 
                          THE 2010 STANLEY CUP

  Mr. DURBIN (for himself and Mr. Burris) submitted the following 
resolution; which was referred to the Committee on the Judiciary:

                              S. Res. 549

       Whereas, on June 9, 2010, the Chicago Blackhawks hockey 
     team won the Stanley Cup;
       Whereas the 2010 Stanley Cup win is the first Stanley Cup 
     win for the Blackhawks since 1961, when John F. Kennedy was 
     president and the Peace Corps was first established;
       Whereas the Blackhawks joined the National Hockey League in 
     1926 and have a rich history in the League;
       Whereas the Blackhawks were 1 of the original 6 teams in 
     the National Hockey League;
       Whereas, during a very difficult period for the National 
     Hockey League, the Blackhawks remained a strong and 
     competitive team, winning the Stanley Cup in 1934, 1938, and 
     1961;
       Whereas the Stanley Cup championship appearance in 2010 is 
     the first for the Blackhawks since 1992;
       Whereas the Blackhawks posted a regular season record of 
     52-22-8, and the team dominated opponents during the 
     playoffs, with 12 wins and only 4 losses, including a sweep 
     of the number 1-seeded San Jose Sharks to win the Western 
     Conference championship and advance to the Stanley Cup 
     finals;
       Whereas General Manager Stan Bowman, Head Coach Joel 
     Quenneville, President John F. McDonough, and owner Rocky 
     Wirtz have put together and led a great organization;
       Whereas several Blackhawks players competed in the Olympic 
     games and faithfully returned to the Blackhawks to help 
     secure a championship, including--
       (1) Patrick Kane, who played for the United States;
       (2) Jonathan Toews, Brent Seabrook, and Duncan Keith, who 
     played for Canada; and
       (3) Tomas Kopecky and Marian Hossa, who played for 
     Slovakia;
       Whereas all 34 active players, whose shared goal was to end 
     the 49-year championship drought, collectively contributed to 
     a victorious season, including Kyle Beach, Bryan Bickell, 
     Dave Bolland, Nick Boynton, Troy Brouwer, Adam Burish, Dustin 
     Byfuglien, Brian Campbell, Brian Connelly, Corey Crawford, 
     Jassen Cullimore, Jake Dowell, Ben Eager, Colin Fraser, 
     Jordan Hendry, Niklas Hjalmarsson, Marian Hossa, Cristobal 
     Huet, Kim Johnsson, Patrick Kane, Duncan Keith, Tomas 
     Kopecky, Andrew Ladd, Shawn Lalonde, John Madden, Antti 
     Niemi, Danny Richmond, Brent Seabrook, Patrick Sharp, Jack 
     Skille, Brent Sopel, Jonathan Toews, Hannu Toivonen, and Kris 
     Versteeg;
       Whereas the 2010 Blackhawks players follow in the giant 
     footsteps of the great players in Blackhawk history who have 
     had their numbers retired, including Glenn Hall (#1), Keith 
     Magnuson (#3), Pierre Pilote (#3), Bobby Hull (#9), Denis 
     Savard (#18), Stan Mikita (#21), and Tony Esposito (#35);
       Whereas the city of Chicago welcomes the first championship 
     in the city in 5 years with open arms;
       Whereas a new generation of young fans in Chicago and 
     around the State of Illinois are discovering the joy of 
     championship hockey; and
       Whereas the Nashville Predators, Vancouver Canucks, San 
     Jose Sharks, and the Philadelphia Flyers proved to be worthy 
     and honorable adversaries and also deserve recognition: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) congratulates the Chicago Blackhawks on winning the 
     2010 Stanley Cup;
       (2) commends the fans, players, and management of the 
     Philadelphia Flyers for allowing the Chicago Blackhawks and 
     the many supporters of the Chicago Blackhawks to celebrate 
     the first Stanley Cup win for the team in 49 years at the 
     Wachovia Center, the arena of the Philadelphia Flyers; and
       (3) respectfully directs the Enrolling Clerk of the Senate 
     to transmit an enrolled copy of this resolution to--
       (A) the 2010 Chicago Blackhawks hockey organization; and
       (B) the Blackhawks owner Rocky Wirtz.

  Mr. DURBIN. Mr. President, Chicago has its cold days, and icy 
sidewalks in the winter. But this year's winter proved to be the right 
opportunity for

[[Page 10459]]

the perfect conditions for Illinois' most recently acclaimed sons and 
daughters, the Chicago Blackhawks hockey team, which won the Stanley 
Cup last night in Philadelphia.
  The city of Chicago and State of Illinois have some of the best 
sports fans in America, particularly when it comes to hockey. Last 
night the fans received their reward as they watched Towes, the 
youngest captain in the National Hockey League at age 22, hoist the 
Stanley Cup over his head as the team ended a 49-year drought and again 
became the National Hockey League champions; 49 years, and now 
champions again.
  It gives us Cubs fans hope. The fight song of the team begins, ``Here 
come the hawks, the mighty Blackhawks.'' The team lived up to that song 
last night as they defeated the Philadelphia Flyers and in a hard-
fought game in overtime in the sixth game of the series. An amazing end 
to a great season. Just over 4 minutes and 6 seconds into the overtime, 
2010 Olympian Patrick Kane scored with an amazing shot you have to see 
to believe. His efforts were matched by goals from teammates Dustin 
Byfuglien, Patrick Sharp, Andrew Ladd, and 21 saves by the fabulous 
goal tender Antti Niemi.
  The last time the Blackhawks won the Stanley Cup was 1961. John 
Kennedy was President. They also won that cup in six games with the 
assistance of hockey legends Bobby Hull, Stan Mikita, and Murray 
Balfour. Who can forget those legendary players?
  This is the fourth Stanley Cup win for a team with a rich hockey 
history that began in 1926. Today we celebrate the players who will be 
tomorrow's legends. This achievement was not achieved without the hard 
work and determination on the part of the team, the front office, and 
those incredible players.
  I congratulate their coach, Joel Quenneville, on his unbelievable 2-
year run in leading the team to victory; also to team president John 
McDonough who brought new life to the Chicago Blackhawks, and the city 
of Chicago, and owner Rocky Wirtz, maybe the only major sports owner in 
America who is cheered wildly whenever his name is mentioned at a game. 
He assembled a strong office team that developed the Blackhawks into 
champions. This victory was the result of the exceptional gamesmanship 
of all of the players and all of the work from the staff and the 
assistance and encouragement from owners and fans.
  I congratulate all of them for this remarkable achievement. I am 
proud to have the Blackhawks in my State of Illinois. Illinois sports 
fans have developed patience when it comes to their teams, and truly 
great things can come to those who wait.
  With two Illinois teams earning national championships in 5 years--
that is the Chicago White Sox and the Chicago Blackhawks--our fans can 
celebrate the recent triumphs and hope for many years to come.
  Now I have a resolution that I have sent to the desk. It is working 
its way through the Senate, and we are hopeful that before the end of 
this session, with the bipartisan cooperation of cheering for these new 
Stanley Cup champions, we will be able to enact this resolution and 
send it off so tomorrow's victory parade and rally will be complete. I 
know they are waiting anxiously for the receipt of the Senate 
resolution. So I hope we can get this done this evening.
  Mr. BURRIS. Last night, and well into this morning, the sounds of 
celebration rang through the streets of Chicago.
  Throughout the city, a proud anthem was sung, an anthem which begins:
  Here come the Hawks--the mighty Blackhawks.
  Many consider the Stanley Cup to be the most difficult trophy to win 
in all of professional sports.
  But last night, thanks to an extraordinary Blackhawks team, the 
historic Stanley Cup has returned to Chicago for the first time in 
nearly half a century.
  This incredible season caps an impressive renaissance for one of the 
National Hockey League's oldest and most storied franchises.
  When Rocky Wirtz took the helm of this organization following the 
loss of his father, longtime Blackhawks owner Bill Wirtz, he moved 
aggressively to restore his team to excellence.
  He reached out to the Chicago community, which comprises some of the 
greatest sports fans in the world.
  He brought fresh talent to the team's roster and coaching staff, and 
partnered with Chicago institutions like WGN-TV to bring hockey to a 
wider audience.
  As a result, he was able to catch lightning in a bottle, and set his 
team on the path to a truly historic season.
  From the very beginning of this year, every Hawks fan could tell that 
this team showed some real promise.
  Time and again, they battled adversity and overcame it.
  Time and again they were tested, but in each successive game, they 
laced up their skates and took to the ice with growing confidence and a 
fiery will to win.
  Finally, after a dominant regular season and an outstanding showing 
against playoff opponents, only the Philadelphia Flyers stood between 
them and their first national title in 49 years.
  There is no question that both of these teams deserved to be in 
contention for the Stanley Cup.
  There is little doubt that these fine athletes, from Philadelphia and 
Chicago, are among the very best in the sport of hockey.
  So it was no surprise that this year's Stanley Cup Finals proved to 
be an exciting and hard-fought series of games.
  I congratulate the Flyers and their fans on an outstanding season, 
and I applaud their sportsmanship throughout the year. They played with 
grit and determination, right up to the very last moment.
  But in the end, there can be only one champion.
  And last night, in a thrilling overtime performance that brought the 
city of Philadelphia to a standstill and the City of Chicago to its 
feet, the Blackhawks indisputably won the Stanley Cup.
  That is why I am proud to join my good friend Senator Durbin to 
introduce a Senate Resolution in honor of this team.
  And I ask my colleagues to join with us in celebrating this 
remarkable achievement.
  I congratulate the owners, the entire coaching staff, and every 
member of the Blackhawks organization.
  And I applaud each and every athlete who took part in this incredible 
victory.
  Their names are etched forever into Chicago sports history, just as 
they will soon be etched into the Stanley Cup Trophy itself.
  Finally, I would like to congratulate the people of Chicago, and 
Blackhawks fans all over the country, who have kept the faith for 49 
years, never doubting that greatness would one day return to their 
hockey team.
  I got married in 1961. That is the last time they won the Stanley 
cup.
  Their day has finally come, and this championship belongs to them.
  I am proud to join them in celebration, and I am eager to see the 
Stanley Cup on display back home in Chicago, right where it belongs.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. BROWN of Massachusetts. I certainly want to offer my 
congratulations to the city of Chicago. Being from Massachusetts, 
having the World Champion Red Sox, Celtics, New England Patriots, 
Bruins, New England Revolution, I can certainly appreciate the victory 
that was brought to the city of Chicago. Certainly when the President 
has them to the White House, I am hoping he will offer the same 
courtesy to the NCAA Champion Boston College mens' hockey team as well.

[[Page 10460]]



                          ____________________




SENATE RESOLUTION 550--DESIGNATING THE WEEK BEGINNING ON JUNE 14, 2010, 
     AND ENDING ON JUNE 18, 2010, AS ``NATIONAL HEALTH INFORMATION 
    TECHNOLOGY WEEK'' TO RECOGNIZE THE VALUE OF HEALTH INFORMATION 
                 TECHNOLOGY TO IMPROVING HEALTH QUALITY

  Ms. STABENOW (for herself and Ms. Snowe) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 550

       Whereas the Healthcare Information and Management Systems 
     Society has collaborated with more than 5 dozen healthcare 
     organizations for almost 50 years to transform health care by 
     improving information technology and management systems;
       Whereas the Center for Information Technology Leadership 
     estimates that the implementation of national standards for 
     interoperability and the exchange of health information would 
     save the United States approximately $77,000,000,000 in 
     expenses relating to health care each year;
       Whereas health care information technology and management 
     systems have been recognized as essential tools for improving 
     the quality and cost efficiency of the health care system;
       Whereas Congress has made a commitment to leveraging the 
     benefits of the health care information technology and 
     management systems, including through the adoption of 
     electronic medical records that will help to reduce costs and 
     improve quality while ensuring privacy of patients and 
     codification of the Office of the National Coordinator for 
     Health Information Technology;
       Whereas Congress has emphasized improving the quality and 
     safety of delivery of health care in the United States; and
       Whereas since 2006, organizations across the United States 
     have united to support National Health Information Technology 
     Week to improve public awareness of the benefits of improved 
     quality and cost efficiency of the health care system that 
     the implementation of health information technology could 
     achieve: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates the week beginning on June 14, 2010, and 
     ending on June 18, 2010, as ``National Health Information 
     Technology Week'';
       (2) recognizes the value of information technology and 
     management systems in transforming health care for the people 
     of the United States; and
       (3) calls on all interested parties to promote the use of 
     information technology and management systems to transform 
     the health care system in the United States.

                          ____________________




                    AMENDMENTS SUBMITTED AND PROPOSED

       SA 4334. Mr. ISAKSON (for himself, Mr. Dodd, and Mr. Reid) 
     submitted an amendment intended to be proposed to amendment 
     SA 4301 proposed by Mr. Baucus to the bill H.R. 4213, to 
     amend the Internal Revenue Code of 1986 to extend certain 
     expiring provisions, and for other purposes; which was 
     ordered to lie on the table.
       SA 4335. Mr. NELSON of Florida (for himself, Ms. Landrieu, 
     Mr. LeMieux, Mr. Vitter, Mr. Shelby, Mr. Wicker, Mr. Cochran, 
     and Mr. Schumer) submitted an amendment intended to be 
     proposed to amendment SA 4301 proposed by Mr. Baucus to the 
     bill H.R. 4213, supra; which was ordered to lie on the table.
       SA 4336. Mr. GRASSLEY (for himself, Mr. Roberts, Mr. Crapo, 
     Mr. Nelson of Nebraska, Mr. Hatch, and Mr. Brownback) 
     submitted an amendment intended to be proposed by him to the 
     bill H.R. 4213, supra; which was ordered to lie on the table.
       SA 4337. Ms. KLOBUCHAR (for herself and Mr. Dorgan) 
     submitted an amendment intended to be proposed to amendment 
     SA 4301 proposed by Mr. Baucus to the bill H.R. 4213, supra; 
     which was ordered to lie on the table.
       SA 4338. Mr. WICKER (for himself, Ms. Landrieu, Mr. 
     Cochran, and Mr. Vitter) submitted an amendment intended to 
     be proposed to amendment SA 4301 proposed by Mr. Baucus to 
     the bill H.R. 4213, supra; which was ordered to lie on the 
     table.
       SA 4339. Mr. DORGAN (for Mr. Rockefeller) proposed an 
     amendment to the bill H.R. 3360, to amend title 46, United 
     States Code, to establish requirements to ensure the security 
     and safety of passengers and crew on cruise vessels, and for 
     other purposes.
       SA 4340. Mr. LEVIN (for himself, Mr. Kaufman, Mr. Nelson of 
     Florida, Mrs. Shaheen, Mrs. McCaskill, Mr. Whitehouse, and 
     Mr. Reed) submitted an amendment intended to be proposed by 
     him to the bill H.R. 4213, to amend the Internal Revenue Code 
     of 1986 to extend certain expiring provisions, and for other 
     purposes; which was ordered to lie on the table.
       SA 4341. Mr. DORGAN submitted an amendment intended to be 
     proposed by him to the bill H.R. 4213, supra; which was 
     ordered to lie on the table.
       SA 4342. Ms. SNOWE (for herself, Mr. Enzi, and Mr. Ensign) 
     submitted an amendment intended to be proposed to amendment 
     SA 4301 proposed by Mr. Baucus to the bill H.R. 4213, supra; 
     which was ordered to lie on the table.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 4334. Mr. ISAKSON (for himself, Mr. Dodd, and Mr. Reid) submitted 
an amendment intended to be proposed to amendment SA 4301 proposed by 
Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of part I of subtitle B of title II, insert the 
     following:

     SEC. --. FIRST-TIME HOMEBUYER CREDIT.

       (a) In General.--Paragraph (2) of section 36(h) is amended 
     by striking ``paragraph (1) shall be applied by substituting 
     `July 1, 2010''' and inserting ``and who purchases such 
     residence before October 1, 2010, paragraph (1) shall be 
     applied by substituting `October 1, 2010'''.
       (b) Conforming Amendment.--Subparagraph (B) of section 
     36(h)(3) is amended by inserting ``and for `October 1, 
     2010''' after ``for `July 1, 2010'''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to residences purchased after June 30, 2010.
                                 ______
                                 
  SA 4335. Mr. NELSON of Florida (for himself, Ms. Landrieu, Mr. 
LeMieux, Mr. Vitter, Mr. Shelby, Mr. Wicker, Mr. Cochran, and Mr. 
Schumer) submitted an amendment intended to be proposed to amendment SA 
4301 proposed by Mr. Baucus to the bill H.R. 4213, to amend the 
Internal Revenue Code of 1986 to extend certain expiring provisions, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title VI, add the following:

     SEC. ___. 5-YEAR NET OPERATING LOSS CARRYBACK FOR CERTAIN OIL 
                   SPILL-RELATED LOSSES.

       (a) Extension of Net Operating Loss Carryback Period.--
     Paragraph (1) of section 172(b) of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subparagraph:
       ``(K) Certain oil spill-related losses.--In the case of a 
     taxpayer which has a qualified oil spill loss (as defined in 
     subsection (k)) for a taxable year, such qualified oil spill 
     loss shall be a net operating loss carryback to each of the 5 
     taxable years preceding the taxable year of such loss.''.
       (b) Qualified Oil Spill Loss.--Section 172 of the Internal 
     Revenue Code of 1986 is amended by redesignating subsection 
     (k) as subsection (l) and by inserting after subsection (j) 
     the following new subsection:
       ``(k) Rules Relating to Qualified Oil Spill Losses.--For 
     purposes of this section--
       ``(1) Qualified oil spill losses.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the term `qualified oil spill loss' means the 
     lesser of--
       ``(i) the excess of--

       ``(I) the amount of losses in a taxable year ending after 
     April 20, 2010, and before October 1, 2011, incurred by a 
     commercial or charter fishing business operating in the Gulf 
     of Mexico or a Gulf of Mexico tourism-related business 
     attributable to the discharge of oil that began in 2010 in 
     connection with the explosion on, and sinking of, the mobile 
     offshore drilling unit Deepwater Horizon, over
       ``(II) amounts received during such taxable year as 
     payments for lost profits and earning capacity under section 
     1002(b)(2)(E) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2702(b)(2)(E)), or

       ``(ii) the amount of the net operating loss for such 
     taxable year.
       ``(B) Safe harbor for certain small businesses.--In the 
     case of--
       ``(i) any commercial or charter fishing business operating 
     in the Gulf of Mexico, or
       ``(ii) any Gulf of Mexico tourism-related business,

     the gross revenues of which for any taxable year ending after 
     April 20, 2010, and before October 1, 2011, do not exceed 
     $5,000,000, such term means the amount of the net operating 
     loss of such business for such taxable year.
       ``(C) Coordination with qualified disaster losses.--Such 
     term shall not include any qualified disaster loss (as 
     defined in subsection (j)).
       ``(2) Coordination with subsection (b)(2).--For purposes of 
     applying subsection (b)(2), a qualified oil spill loss for 
     any taxable year shall be treated in a manner similar to the 
     manner in which a specified liability loss is treated.
       ``(3) Election.--Any taxpayer entitled to a 5-year 
     carryback under subsection (b)(1)(K) from any loss year may 
     elect to have the carryback period with respect to such loss 
     year determined without regard to subsection (b)(1)(K). Such 
     election shall be made in such manner as may be prescribed by 
     the Secretary and shall be made by the due date (including 
     extensions of time) for filing the taxpayer's return for the 
     taxable year of the

[[Page 10461]]

     net operating loss. Such election, once made for any taxable 
     year, shall be irrevocable for such taxable year.
       ``(4) Gulf of mexico tourism-related business.--For 
     purposes of this subsection--
       ``(A) In general.--The term `Gulf of Mexico tourism-related 
     business' means a hotel, lodging, recreation, entertainment, 
     or restaurant business located in a Gulf Coast community.
       ``(B) Gulf coast community.--The term `Gulf Coast 
     community' means any county or parish in the States of 
     Louisiana, Mississippi, Alabama, or Florida which borders the 
     Gulf of Mexico.''.
       (c) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to net operating losses arising in taxable years ending after 
     April 20, 2010.
       (2) Transition rule.--In the case of a net operating loss 
     for a taxable year ending before the date of the enactment of 
     this Act--
       (A) notwithstanding section 172(b)(1)(H)(iii)(II), any 
     election made under subsection (b)(1)(H) or 172(b)(3) of 
     section 172 of such Code with respect to such loss may 
     (notwithstanding such section) be revoked before the 
     applicable date,
       (B) any election made under section 172(b)(1)(K) of such 
     Code with respect to such loss shall (notwithstanding such 
     section) be treated as timely made if made before the 
     applicable date, and
       (C) any application under section 6411(a) of such Code with 
     respect to such loss shall be treated as timely filed if 
     filed before the applicable date.

     For purposes of this paragraph, the term ``applicable date'' 
     means the date which is 60 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4336. Mr. GRASSLEY (for himself, Mr. Roberts, Mr. Crapo, Mr. 
Nelson of Nebraska, Mr. Hatch, and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

              TITLE VIII--SMALL BUSINESS PENALTY FAIRNESS

     SEC. 801. LIMITATION ON PENALTY FOR FAILURE TO DISCLOSE 
                   REPORTABLE TRANSACTIONS BASED ON RESULTING TAX 
                   BENEFITS.

       (a) In General.--Subsection (b) of section 6707A of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(b) Amount of Penalty.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the amount of the penalty under subsection (a) 
     with respect to any reportable transaction shall be 75 
     percent of the decrease in tax shown on the return as a 
     result of such transaction (or which would have resulted from 
     such transaction if such transaction were respected for 
     Federal tax purposes).
       ``(2) Maximum penalty.--The amount of the penalty under 
     subsection (a) with respect to any reportable transaction 
     shall not exceed--
       ``(A) in the case of a listed transaction, $200,000 
     ($100,000 in the case of a natural person),
       ``(B) in the case of any other reportable transaction, 
     $50,000 ($10,000 in the case of a natural person).
       ``(3) Minimum penalty.--The amount of the penalty under 
     subsection (a) with respect to any transaction shall not be 
     less than $10,000 ($5,000 in the case of a natural 
     person).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to penalties assessed after December 31, 2006.

     SEC. 802. REPORT ON TAX SHELTER PENALTIES AND CERTAIN OTHER 
                   ENFORCEMENT ACTIONS.

       (a) In General.--The Commissioner of Internal Revenue, in 
     consultation with the Secretary of the Treasury, shall submit 
     to the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate an 
     annual report on the penalties assessed by the Internal 
     Revenue Service during the preceding year under each of the 
     following provisions of the Internal Revenue Code of 1986:
       (1) Section 6662A (relating to accuracy-related penalty on 
     understatements with respect to reportable transactions).
       (2) Section 6700(a) (relating to promoting abusive tax 
     shelters).
       (3) Section 6707 (relating to failure to furnish 
     information regarding reportable transactions).
       (4) Section 6707A (relating to failure to include 
     reportable transaction information with return).
       (5) Section 6708 (relating to failure to maintain lists of 
     advisees with respect to reportable transactions).
       (b) Additional Information.--The report required under 
     subsection (a) shall also include information on the 
     following with respect to each year:
       (1) Any action taken under section 330(b) of title 31, 
     United States Code, with respect to any reportable 
     transaction (as defined in section 6707A(c) of the Internal 
     Revenue Code of 1986).
       (2) Any extension of the time for assessment of tax 
     enforced, or assessment of any amount under such an 
     extension, under paragraph (10) of section 6501(c) of the 
     Internal Revenue Code of 1986.
       (c) Date of Report.--The first report required under 
     subsection (a) shall be submitted not later than December 31, 
     2010.

     SEC. 803. APPLICATION OF BAD CHECKS PENALTY TO ELECTRONIC 
                   PAYMENTS.

       (a) In General.--Section 6657 of the Internal Revenue Code 
     of 1986 is amended--
       (1) by striking ``If any check or money order in payment of 
     any amount'' and inserting ``If any instrument in payment, by 
     any commercially acceptable means, of any amount'', and
       (2) by striking ``such check'' each place it appears and 
     inserting ``such instrument''.
       (b) Effective Dates.--The amendments made by this section 
     shall apply to instruments tendered after the date of the 
     enactment of this Act.

     SEC. 804. APPLICATION OF LEVY TO PAYMENTS TO FEDERAL VENDORS 
                   RELATING TO PROPERTY.

       (a) In General.--Section 6331(h)(3) of the Internal Revenue 
     Code of 1986 is amended by striking ``goods or services'' and 
     inserting ``property, goods, or services''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to levies approved after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4337. Ms. KLOBUCHAR (for herself and Mr. Dorgan) submitted an 
amendment intended to be proposed to amendment SA 4301 proposed by Mr. 
Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 363, between lines 3 and 4, insert the following:
       (c) Program Audits.--Subsection (b)(8)(D) of the Travel 
     Promotion Act of 2009 (22 U.S.C. 2131(b)(8)(D)) is amended by 
     striking ``2 years after the date of enactment of this 
     section,'' and inserting ``3 years after the date of 
     enactment of the Travel Promotion Act of 2009,''.
       (d) Research Program.--Section 203(b) of the International 
     Travel Act of 1961 (22 U.S.C. 2123a(b)) is amended by 
     striking ``2010 through 2014'' and inserting ``2010 through 
     2015''.
       (e) Correction of Cross-reference.--Section 202(c)(1) of 
     the International Travel Act of 1961 (22 U.S.C. 2123(c)(1)) 
     is amended by striking ``subsection (b) of section 11 of the 
     Travel Promotion Act of 2009'' and inserting ``subsection (b) 
     of the Travel Promotion Act of 2009 (22 U.S.C. 2131(b))''.
                                 ______
                                 
  SA 4338. Mr. WICKER (for himself, Ms. Landrieu, Mr. Cochran, and Mr. 
Vitter) submitted an amendment intended to be proposed to amendment SA 
4301 proposed by Mr. Baucus to the bill H.R. 4213, to amend the 
Internal Revenue Code of 1986 to extend certain expiring provisions, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subpart B of part II of subtitle D of title 
     II, add the following:

     SEC. ___. SPECIAL DEPRECIATION ALLOWANCE.

       (a) In General.--Paragraph (6) of section 1400N(d)(6) is 
     amended by striking subparagraph (D).
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.
                                 ______
                                 
  SA 4339. Mr. DORGAN (for Mr. Rockefeller) proposed an amendment to 
the bill H.R. 3360, to amend title 46, United States Code, to establish 
requirements to ensure the security and safety of passengers and crew 
on cruise vessels, and for other purposes, as follows:

       Strike out 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 ``Cruise 
     Vessel Security and Safety Act of 2010''.
       (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. Cruise vessel security and safety requirements.
       Sec. 4. Offset of administrative costs.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) There are approximately 200 overnight ocean-going 
     cruise vessels worldwide. The average ocean-going cruise 
     vessel carries 2,000 passengers with a crew of 950 people.
       (2) In 2007 alone, approximately 12,000,000 passengers were 
     projected to take a cruise worldwide.
       (3) Passengers on cruise vessels have an inadequate 
     appreciation of their potential vulnerability to crime while 
     on ocean voyages,

[[Page 10462]]

     and those who may be victimized lack the information they 
     need to understand their legal rights or to know whom to 
     contact for help in the immediate aftermath of the crime.
       (4) Sexual violence, the disappearance of passengers from 
     vessels on the high seas, and other serious crimes have 
     occurred during luxury cruises.
       (5) Over the last 5 years, sexual assault and physical 
     assaults on cruise vessels were the leading crimes 
     investigated by the Federal Bureau of Investigation with 
     regard to cruise vessel incidents.
       (6) These crimes at sea can involve attacks both by 
     passengers and crewmembers on other passengers and 
     crewmembers.
       (7) Except for United States flagged vessels, or foreign 
     flagged vessels operating in an area subject to the direct 
     jurisdiction of the United States, there are no Federal 
     statutes or regulations that explicitly require cruise lines 
     to report alleged crimes to United States Government 
     officials.
       (8) It is not known precisely how often crimes occur on 
     cruise vessels or exactly how many people have disappeared 
     during ocean voyages because cruise line companies do not 
     make comprehensive, crime-related data readily available to 
     the public.
       (9) Obtaining reliable crime-related cruise data from 
     governmental sources can be difficult, because multiple 
     countries may be involved when a crime occurs on the high 
     seas, including the flag country for the vessel, the country 
     of citizenship of particular passengers, and any countries 
     having special or maritime jurisdiction.
       (10) It can be difficult for professional crime 
     investigators to immediately secure an alleged crime scene on 
     a cruise vessel, recover evidence of an onboard offense, and 
     identify or interview potential witnesses to the alleged 
     crime.
       (11) Most cruise vessels that operate into and out of 
     United States ports are registered under the laws of another 
     country, and investigations and prosecutions of crimes 
     against passengers and crewmembers may involve the laws and 
     authorities of multiple nations.
       (12) The Department of Homeland Security has found it 
     necessary to establish 500-yard security zones around cruise 
     vessels to limit the risk of terrorist attack. Recently 
     piracy has dramatically increased throughout the world.
       (13) To enhance the safety of cruise passengers, the owners 
     of cruise vessels could upgrade, modernize, and retrofit the 
     safety and security infrastructure on such vessels by 
     installing peep holes in passenger room doors, installing 
     security video cameras in targeted areas, limiting access to 
     passenger rooms to select staff during specific times, and 
     installing acoustic hailing and warning devices capable of 
     communicating over distances.

     SEC. 3. CRUISE VESSEL SECURITY AND SAFETY REQUIREMENTS.

       (a) In General.--Chapter 35 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3507. Passenger vessel security and safety 
       requirements

       ``(a) Vessel Design, Equipment, Construction, and 
     Retrofitting Requirements.--
       ``(1) In general.--Each vessel to which this subsection 
     applies shall comply with the following design and 
     construction standards:
       ``(A) The vessel shall be equipped with ship rails that are 
     located not less than 42 inches above the cabin deck.
       ``(B) Each passenger stateroom and crew cabin shall be 
     equipped with entry doors that include peep holes or other 
     means of visual identification.
       ``(C) For any vessel the keel of which is laid after the 
     date of enactment of the Cruise Vessel Security and Safety 
     Act of 2010, each passenger stateroom and crew cabin shall be 
     equipped with--
       ``(i) security latches; and
       ``(ii) time-sensitive key technology.
       ``(D) The vessel shall integrate technology that can be 
     used for capturing images of passengers or detecting 
     passengers who have fallen overboard, to the extent that such 
     technology is available.
       ``(E) The vessel shall be equipped with a sufficient number 
     of operable acoustic hailing or other such warning devices to 
     provide communication capability around the entire vessel 
     when operating in high risk areas (as defined by the United 
     States Coast Guard).
       ``(2) Fire safety codes.--In administering the requirements 
     of paragraph (1)(C), the Secretary shall take into 
     consideration fire safety and other applicable emergency 
     requirements established by the U. S. Coast Guard and under 
     international law, as appropriate.
       ``(3) Effective date.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the requirements of paragraph (1) shall take effect 18 months 
     after the date of enactment of the Cruise Vessel Security and 
     Safety Act of 2010.
       ``(B) Latch and key requirements.--The requirements of 
     paragraph (1)(C) take effect on the date of enactment of the 
     Cruise Vessel Security and Safety Act of 2010.
       ``(b) Video Recording.--
       ``(1) Requirement to maintain surveillance.--The owner of a 
     vessel to which this section applies shall maintain a video 
     surveillance system to assist in documenting crimes on the 
     vessel and in providing evidence for the prosecution of such 
     crimes, as determined by the Secretary.
       ``(2) Access to video records.--The owner of a vessel to 
     which this section applies shall provide to any law 
     enforcement official performing official duties in the course 
     and scope of an investigation, upon request, a copy of all 
     records of video surveillance that the official believes may 
     provide evidence of a crime reported to law enforcement 
     officials.
       ``(c) Safety Information.--
       ``(1) Criminal Activity Prevention and Response Guide.--The 
     owner of a vessel to which this section applies (or the 
     owner's designee) shall--
       ``(A) have available for each passenger a guide (referred 
     to in this subsection as the `security guide'), written in 
     commonly understood English, which--
       ``(i) provides a description of medical and security 
     personnel designated on board to prevent and respond to 
     criminal and medical situations with 24 hour contact 
     instructions;
       (ii) describes the jurisdictional authority applicable, and 
     the law enforcement processes available, with respect to the 
     reporting of homicide, suspicious death, a missing United 
     States national, kidnapping, assault with serious bodily 
     injury, any offense to which section 2241, 2242, 2243, or 
     2244(a) or (c) of title 18 applies, firing or tampering with 
     the vessel, or theft of money or property in excess of 
     $10,000, together with contact information for the 
     appropriate law enforcement authorities for missing persons 
     or reportable crimes which arise--

       ``(I) in the territorial waters of the United States;
       ``(II) on the high seas; or
       ``(III) in any country to be visited on the voyage;

       ``(B) provide a copy of the security guide to the Federal 
     Bureau of Investigation for comment; and
       ``(C) publicize the security guide on the website of the 
     vessel owner.
       ``(2) Embassy and consulate locations.--The owner of a 
     vessel to which this section applies shall provide in each 
     passenger stateroom, and post in a location readily 
     accessible to all crew and in other places specified by the 
     Secretary, information regarding the locations of the United 
     States embassy and each consulate of the United States for 
     each country the vessel will visit during the course of the 
     voyage.
       ``(d) Sexual Assault.--The owner of a vessel to which this 
     section applies shall--
       ``(1) maintain on the vessel adequate, in-date supplies of 
     anti-retroviral medications and other medications designed to 
     prevent sexually transmitted diseases after a sexual assault;
       ``(2) maintain on the vessel equipment and materials for 
     performing a medical examination in sexual assault cases to 
     evaluate the patient for trauma, provide medical care, and 
     preserve relevant medical evidence;
       ``(3) make available on the vessel at all times medical 
     staff who have undergone a credentialing process to verify 
     that he or she--
       ``(A) possesses a current physician's or registered nurse's 
     license and--
       ``(i) has at least 3 years of post-graduate or post-
     registration clinical practice in general and emergency 
     medicine; or
       ``(ii) holds board certification in emergency medicine, 
     family practice medicine, or internal medicine;
       ``(B) is able to provide assistance in the event of an 
     alleged sexual assault, has received training in conducting 
     forensic sexual assault examination, and is able to promptly 
     perform such an examination upon request and provide proper 
     medical treatment of a victim, including administration of 
     anti-retroviral medications and other medications that may 
     prevent the transmission of human immunodeficiency virus and 
     other sexually transmitted diseases; and
       ``(C) meets guidelines established by the American College 
     of Emergency Physicians relating to the treatment and care of 
     victims of sexual assault;
       ``(4) prepare, provide to the patient, and maintain written 
     documentation of the findings of such examination that is 
     signed by the patient; and
       ``(5) provide the patient free and immediate access to--
       ``(A) contact information for local law enforcement, the 
     Federal Bureau of Investigation, the United States Coast 
     Guard, the nearest United States consulate or embassy, and 
     the National Sexual Assault Hotline program or other third 
     party victim advocacy hotline service; and
       ``(B) a private telephone line and Internet-accessible 
     computer terminal by which the individual may confidentially 
     access law enforcement officials, an attorney, and the 
     information and support services available through the 
     National Sexual Assault Hotline program or other third party 
     victim advocacy hotline service.
       ``(e) Confidentiality of Sexual Assault Examination and 
     Support Information.--The master or other individual in 
     charge of a vessel to which this section applies shall--
       ``(1) treat all information concerning an examination under 
     subsection (d) confidential, so that no medical information 
     may be

[[Page 10463]]

     released to the cruise line or other owner of the vessel or 
     any legal representative thereof without the prior knowledge 
     and approval in writing of the patient, or, if the patient is 
     unable to provide written authorization, the patient's next-
     of-kin, except that nothing in this paragraph prohibits the 
     release of--
       ``(A) information, other than medical findings, necessary 
     for the owner or master of the vessel to comply with the 
     provisions of subsection (g) or other applicable incident 
     reporting laws;
       ``(B) information to secure the safety of passengers or 
     crew on board the vessel; or
       ``(C) any information to law enforcement officials 
     performing official duties in the course and scope of an 
     investigation; and
       ``(2) treat any information derived from, or obtained in 
     connection with, post-assault counseling or other supportive 
     services confidential, so no such information may be released 
     to the cruise line or any legal representative thereof 
     without the prior knowledge and approval in writing of the 
     patient, or, if the patient is unable to provide written 
     authorization, the patient's next-of-kin.
       ``(f) Crew Access to Passenger Staterooms.--The owner of a 
     vessel to which this section applies shall--
       ``(1) establish and implement procedures and restrictions 
     concerning--
       ``(A) which crewmembers have access to passenger 
     staterooms; and
       ``(B) the periods during which they have that access; and
       ``(2) ensure that the procedures and restrictions are fully 
     and properly implemented and periodically reviewed.
       ``(g) Log Book and Reporting Requirements.--
       ``(1) In general.--The owner of a vessel to which this 
     section applies shall--
       ``(A) record in a log book, either electronically or 
     otherwise, in a centralized location readily accessible to 
     law enforcement personnel, a report on--
       ``(i) all complaints of crimes described in paragraph 
     (3)(A)(i),
       ``(ii) all complaints of theft of property valued in excess 
     of $1,000, and
       ``(iii) all complaints of other crimes,
     committed on any voyage that embarks or disembarks passengers 
     in the United States; and
       ``(B) make such log book available upon request to any 
     agent of the Federal Bureau of Investigation, any member of 
     the United States Coast Guard, and any law enforcement 
     officer performing official duties in the course and scope of 
     an investigation.
       ``(2) Details required.--The information recorded under 
     paragraph (1) shall include, at a minimum--
       ``(A) the vessel operator;
       ``(B) the name of the cruise line;
       ``(C) the flag under which the vessel was operating at the 
     time the reported incident occurred;
       ``(D) the age and gender of the victim and the accused 
     assailant;
       ``(E) the nature of the alleged crime or complaint, as 
     applicable, including whether the alleged perpetrator was a 
     passenger or a crewmember;
       ``(F) the vessel's position at the time of the incident, if 
     known, or the position of the vessel at the time of the 
     initial report;
       ``(G) the time, date, and method of the initial report and 
     the law enforcement authority to which the initial report was 
     made;
       ``(H) the time and date the incident occurred, if known;
       ``(I) the total number of passengers and the total number 
     of crew members on the voyage; and
       ``(J) the case number or other identifier provided by the 
     law enforcement authority to which the initial report was 
     made.
       ``(3) Requirement to report crimes and other information.--
       ``(A) In general.--The owner of a vessel to which this 
     section applies (or the owner's designee)--
       ``(i) shall contact the nearest Federal Bureau of 
     Investigation Field Office or Legal Attache by telephone as 
     soon as possible after the occurrence on board the vessel of 
     an incident involving homicide, suspicious death, a missing 
     United States national, kidnapping, assault with serious 
     bodily injury, any offense to which section 2241, 2242, 2243, 
     or 2244(a) or (c) of title 18 applies, firing or tampering 
     with the vessel, or theft of money or property in excess of 
     $10,000 to report the incident;
       ``(ii) shall furnish a written report of the incident to an 
     Internet based portal maintained by the Secretary;
       ``(iii) may report any serious incident that does not meet 
     the reporting requirements of clause (i) and that does not 
     require immediate attention by the Federal Bureau of 
     Investigation via the Internet based portal maintained by the 
     Secretary; and
       ``(iv) may report any other criminal incident involving 
     passengers or crewmembers, or both, to the proper State or 
     local government law enforcement authority.
       ``(B) Incidents to which subparagraph (A) applies.--
     Subparagraph (A) applies to an incident involving criminal 
     activity if--
       ``(i) the vessel, regardless of registry, is owned, in 
     whole or in part, by a United States person, regardless of 
     the nationality of the victim or perpetrator, and the 
     incident occurs when the vessel is within the admiralty and 
     maritime jurisdiction of the United States and outside the 
     jurisdiction of any State;
       ``(ii) the incident concerns an offense by or against a 
     United States national committed outside the jurisdiction of 
     any nation;
       ``(iii) the incident occurs in the Territorial Sea of the 
     United States, regardless of the nationality of the vessel, 
     the victim, or the perpetrator; or
       ``(iv) the incident concerns a victim or perpetrator who is 
     a United States national on a vessel during a voyage that 
     departed from or will arrive at a United States port.
       ``(4) Availability of incident data via internet.--
       ``(A) Website.--The Secretary shall maintain a statistical 
     compilation of all incidents described in paragraph (3)(A)(i) 
     on an Internet site that provides a numerical accounting of 
     the missing persons and alleged crimes recorded in each 
     report filed under paragraph (3)(A)(i) that are no longer 
     under investigation by the Federal Bureau of Investigation. 
     The data shall be updated no less frequently than quarterly, 
     aggregated by cruise line, each cruise line shall be 
     identified by name, and each crime shall be identified as to 
     whether it was committed by a passenger or a crew member.
       ``(B) Access to website.--Each cruise line taking on or 
     discharging passengers in the United States shall include a 
     link on its Internet website to the website maintained by the 
     Secretary under subparagraph (A).
       ``(h) Enforcement.--
       ``(1) Penalties.--
       ``(A) Civil penalty.--Any person that violates this section 
     or a regulation under this section shall be liable for a 
     civil penalty of not more than $25,000 for each day during 
     which the violation continues, except that the maximum 
     penalty for a continuing violation is $50,000.
       ``(B) Criminal penalty.--Any person that willfully violates 
     this section or a regulation under this section shall be 
     fined not more than $250,000 or imprisoned not more than 1 
     year, or both.
       ``(2) Denial of entry.--The Secretary may deny entry into 
     the United States to a vessel to which this section applies 
     if the owner of the vessel--
       ``(A) commits an act or omission for which a penalty may be 
     imposed under this subsection; or
       ``(B) fails to pay a penalty imposed on the owner under 
     this subsection.
       ``(i) Procedures.--Within 6 months after the date of 
     enactment of the Cruise Vessel Security and Safety Act of 
     2010, the Secretary shall issue guidelines, training 
     curricula, and inspection and certification procedures 
     necessary to carry out the requirements of this section.
       ``(j) Regulations.--The Secretary and the Commandant shall 
     each issue such regulations as are necessary to implement 
     this section.
       ``(k) Application.--
       ``(1) In general.--This section and section 3508 apply to a 
     passenger vessel (as defined in section 2101(22)) that--
       ``(A) is authorized to carry at least 250 passengers;
       ``(B) has onboard sleeping facilities for each passenger;
       ``(C) is on a voyage that embarks or disembarks passengers 
     in the United States; and
       ``(D) is not engaged on a coastwise voyage.
       ``(2) Federal and state vessels.--This section and section 
     3508 do not apply to a vessel of the United States operated 
     by the Federal Government or a vessel owned and operated by a 
     State.
       ``(l) Definitions.--In this section and section 3508:
       ``(1) Commandant.--The term `Commandant' means the 
     Commandant of the Coast Guard.
       ``(2) Owner.--The term `owner' means the owner, charterer, 
     managing operator, master, or other individual in charge of a 
     vessel.

     ``3508. Crime scene preservation training for passenger 
       vessel crewmembers

       ``(a) In General.--Within 1 year after the date of 
     enactment of the Cruise Vessel Security and Safety Act of 
     2010, the Secretary, in consultation with the Director of the 
     Federal Bureau of Investigation and the Maritime 
     Administration, shall develop training standards and 
     curricula to allow for the certification of passenger vessel 
     security personnel, crewmembers, and law enforcement 
     officials on the appropriate methods for prevention, 
     detection, evidence preservation, and reporting of criminal 
     activities in the international maritime environment. The 
     Administrator of the Maritime Administration may certify 
     organizations in the United States and abroad that offer the 
     curriculum for training and certification under subsection 
     (c).
       ``(b) Minimum Standards.--The standards established by the 
     Secretary under subsection (a) shall include--
       ``(1) the training and certification of vessel security 
     personnel, crewmembers, and law enforcement officials in 
     accordance with accepted law enforcement and security 
     guidelines, policies, and procedures, including 
     recommendations for incorporating a background check process 
     for personnel trained and certified in foreign ports;
       ``(2) the training of students and instructors in all 
     aspects of prevention, detection, evidence preservation, and 
     reporting of

[[Page 10464]]

     criminal activities in the international maritime 
     environment; and
       ``(3) the provision or recognition of off-site training and 
     certification courses in the United States and foreign 
     countries to develop and provide the required training and 
     certification described in subsection (a) and to enhance 
     security awareness and security practices related to the 
     preservation of evidence in response to crimes on board 
     passenger vessels.
       ``(c) Certification Requirement.--Beginning 2 years after 
     the standards are established under subsection (b), no vessel 
     to which this section applies may enter a United States port 
     on a voyage (or voyage segment) on which a United States 
     citizen is a passenger unless there is at least 1 crewmember 
     onboard who is certified as having successfully completed 
     training in the prevention, detection, evidence preservation, 
     and reporting of criminal activities in the international 
     maritime environment on passenger vessels under subsection 
     (a).
       ``(d) Interim Training Requirement.--No vessel to which 
     this section applies may enter a United States port on a 
     voyage (or voyage segment) on which a United States citizen 
     is a passenger unless there is at least 1 crewmember onboard 
     who has been properly trained in the prevention detection, 
     evidence preservation and the reporting requirements of 
     criminal activities in the international maritime 
     environment. The owner of a such a vessel shall maintain 
     certification or other documentation, as prescribed by the 
     Secretary, verifying the training of such individual and 
     provide such documentation upon request for inspection in 
     connection with enforcement of the provisions of this 
     section. This subsection shall take effect 1 year after the 
     date of enactment of the Cruise Vessel Safety and Security 
     Act of 2010 and shall remain in effect until superseded by 
     the requirements of subsection (c).
       ``(e) Civil Penalty.--Any person that violates this section 
     or a regulation under this section shall be liable for a 
     civil penalty of not more than $50,000.
       ``(f) Denial of Entry.--The Secretary may deny entry into 
     the United States to a vessel to which this section applies 
     if the owner of the vessel--
       ``(1) commits an act or omission for which a penalty may be 
     imposed under subsection (e); or
       ``(2) fails to pay a penalty imposed on the owner under 
     subsection (e).''.
       (b) Clerical Amendment.--The table of contents for such 
     chapter is amended by adding at the end the following:
       ``3507. Passenger vessel security and safety requirements
       ``3508. Crime scene preservation training for passenger 
           vessel crewmembers''.

     SEC. 4. OFFSET OF ADMINISTRATIVE COSTS.

       (a) Repeal of Certain Report Requirements.--
       (1) Section 1130 of the Coast Guard Authorization Act of 
     1996 (33 U.S.C. 2720 note) is amended by striking subsection 
     (b).
       (2) Section 112 of the Maritime Transportation Security Act 
     of 2002 (46 U.S.C. 70101 note) is repealed.
       (3) Section 676 of title 14, United States Code, is amended 
     by striking subsection (d).
       (4) Section 355 of title 37, United States Code, is amended 
     by striking subsection (h) and redesignating subsection (i) 
     as subsection (h).
       (5) Section 205 of the Coast Guard and Maritime 
     Transportation Act of 2004 (14 U.S.C. 637 note) is amended by 
     striking subsection (d).
       (b) Combination of Fisheries Enforcement Plans and Foreign 
     Fishing Incursion Reports.--The Secretary of the department 
     in which the Coast Guard is operating shall combine the 
     reports required under section 224 of the Coast Guard and 
     Maritime Transportation Act of 2004 (16 U.S.C. 1861b) and 
     section 804 of the Coast Guard and Maritime Transportation 
     Act of 2004 (16 U.S.C. 1828) into a single annual report for 
     fiscal years beginning after fiscal year 2010.

     SEC. 5. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 4340. Mr. LEVIN (for himself, Mr. Kaufman, Mr. Nelson of Florida, 
Mrs. Shaheen, Mrs. McCaskill, Mr. Whitehouse, and Mr. Reed) submitted 
an amendment intended to be proposed by him to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the amendment, insert the following:

  TITLE __--AUTHORIZING SPECIAL MEASURES FOR JURISDICTIONS, FINANCIAL 
INSTITUTIONS, INTERNATIONAL TRANSACTIONS, OR TYPES OF ACCOUNTS THAT ARE 
    OF PRIMARY MONEY LAUNDERING CONCERN OR IMPEDE UNITED STATES TAX 
                              ENFORCEMENT

     SEC. ___. AUTHORIZING SPECIAL MEASURES FOR JURISDICTIONS, 
                   FINANCIAL INSTITUTIONS, INTERNATIONAL 
                   TRANSACTIONS, OR TYPES OF ACCOUNTS THAT ARE OF 
                   PRIMARY MONEY LAUNDERING CONCERN OR IMPEDE 
                   UNITED STATES TAX ENFORCEMENT.

       Section 5318A of title 31, United States Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 5318A. Special measures for jurisdictions, financial 
       institutions, or international transactions that are of 
       primary money laundering concern or impede United States 
       tax enforcement'';

       (2) in subsection (a), by striking the subsection heading 
     and inserting the following:
       ``(a) Special Measures To Counter Money Laundering and 
     Efforts To Impede United States Tax Enforcement.--'';
       (3) in subsection (c), by striking the subsection heading 
     and inserting the following:
       ``(c) Consultations and Information To Be Considered in 
     Finding Jurisdictions, Institutions, Types of Accounts, or 
     Transactions To Be of Primary Money Laundering Concern or To 
     Be Impeding United States Tax Enforcement.--'';
       (4) in subsection (a)(1), by inserting ``or is impeding 
     United States tax enforcement'' after ``primary money 
     laundering concern'';
       (5) in subsection (a)(4)--
       (A) in subparagraph (A)--
       (i) by inserting ``in matters involving money laundering,'' 
     before ``shall consult''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) in matters involving United States tax enforcement, 
     shall consult with the Commissioner of the Internal Revenue, 
     the Secretary of State, the Attorney General of the United 
     States, and in the sole discretion of the Secretary, such 
     other agencies and interested parties as the Secretary may 
     find to be appropriate; and'';
       (6) in each of paragraphs (1)(A), (2), (3), and (4) of 
     subsection (b), by inserting ``or to be impeding United 
     States tax enforcement'' after ``primary money laundering 
     concern'' each place that term appears;
       (7) in subsection (b), by striking paragraph (5) and 
     inserting the following:
       ``(5) Prohibitions or conditions on opening or maintaining 
     certain correspondent or payable-through accounts or 
     authorizing certain payment cards.--If the Secretary finds a 
     jurisdiction outside of the United States, 1 or more 
     financial institutions operating outside of the United 
     States, or 1 or more classes of transactions within or 
     involving a jurisdiction outside of the United States to be 
     of primary money laundering concern or to be impeding United 
     States tax enforcement, the Secretary, in consultation with 
     the Secretary of State, the Attorney General of the United 
     States, and the Chairman of the Board of Governors of the 
     Federal Reserve System, may prohibit, or impose conditions 
     upon--
       ``(A) the opening or maintaining in the United States of a 
     correspondent account or payable-through account; or
       ``(B) the authorization, approval, or use in the United 
     States of a credit card, charge card, debit card, or similar 
     credit or debit financial instrument by any domestic 
     financial institution, financial agency, or credit card 
     company or association, for or on behalf of a foreign banking 
     institution, if such correspondent account, payable-through 
     account, credit card, charge card, debit card, or similar 
     credit or debit financial instrument, involves any such 
     jurisdiction or institution, or if any such transaction may 
     be conducted through such correspondent account, payable-
     through account, credit card, charge card, debit card, or 
     similar credit or debit financial instrument.''; and
       (8) in subsection (c)(1), by inserting ``or is impeding 
     United States tax enforcement'' after ``primary money 
     laundering concern'';
       (9) in subsection (c)(2)(A)--
       (A) in clause (ii), by striking ``bank secrecy or special 
     regulatory advantages'' and inserting ``bank, tax, corporate, 
     trust, or financial secrecy or regulatory advantages'';
       (B) in clause (iii), by striking ``supervisory and counter-
     money'' and inserting ``supervisory, international tax 
     enforcement, and counter-money'';
       (C) in clause (v), by striking ``banking or secrecy'' and 
     inserting ``banking, tax, or secrecy''; and
       (D) in clause (vi), by inserting ``, tax treaty, or tax 
     information exchange agreement'' after ``treaty'';
       (10) in subsection (c)(2)(B)--
       (A) in clause (i), by inserting ``or tax evasion'' after 
     ``money laundering''; and
       (B) in clause (iii), by inserting ``, tax evasion,'' after 
     ``money laundering''; and
       (11) in subsection (d), by inserting ``involving money 
     laundering, and shall notify, in writing, the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representatives of any such action involving 
     United States tax enforcement'' after ``such action''.

[[Page 10465]]


                                 ______
                                 
  SA 4341. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. TAXATION OF INCOME OF CONTROLLED FOREIGN 
                   CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY.

       (a) General Rule.--Subsection (a) of section 954 (defining 
     foreign base company income) is amended by striking the 
     period at the end of paragraph (5) and inserting ``, and'', 
     by redesignating paragraph (5) as paragraph (4), and by 
     adding at the end the following new paragraph:
       ``(5) imported property income for the taxable year 
     (determined under subsection (j) and reduced as provided in 
     subsection (b)(5)).''.
       (b) Definition of Imported Property Income.--Section 954 is 
     amended by adding at the end the following new subsection:
       ``(j) Imported Property Income.--
       ``(1) In general.--For purposes of subsection (a)(5), the 
     term `imported property income' means income (whether in the 
     form of profits, commissions, fees, or otherwise) derived in 
     connection with--
       ``(A) manufacturing, producing, growing, or extracting 
     imported property;
       ``(B) the sale, exchange, or other disposition of imported 
     property; or
       ``(C) the lease, rental, or licensing of imported property.
     Such term shall not include any foreign oil and gas 
     extraction income (within the meaning of section 907(c)) or 
     any foreign oil related income (within the meaning of section 
     907(c)).
       ``(2) Imported property.--For purposes of this subsection--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the term `imported property' means property which 
     is imported into the United States by the controlled foreign 
     corporation or a related person.
       ``(B) Imported property includes certain property imported 
     by unrelated persons.--The term `imported property' includes 
     any property imported into the United States by an unrelated 
     person if, when such property was sold to the unrelated 
     person by the controlled foreign corporation (or a related 
     person), it was reasonable to expect that--
       ``(i) such property would be imported into the United 
     States; or
       ``(ii) such property would be used as a component in other 
     property which would be imported into the United States.
       ``(C) Exception for property subsequently exported.--The 
     term `imported property' does not include any property which 
     is imported into the United States and which--
       ``(i) before substantial use in the United States, is sold, 
     leased, or rented by the controlled foreign corporation or a 
     related person for direct use, consumption, or disposition 
     outside the United States; or
       ``(ii) is used by the controlled foreign corporation or a 
     related person as a component in other property which is so 
     sold, leased, or rented.
       ``(D) Exception for certain agricultural commodities.--The 
     term `imported property' does not include any agricultural 
     commodity which is not grown in the United States in 
     commercially marketable quantities.
       ``(3) Definitions and special rules.--
       ``(A) Import.--For purposes of this subsection, the term 
     `import' means entering, or withdrawal from warehouse, for 
     consumption or use. Such term includes any grant of the right 
     to use intangible property (as defined in section 
     936(h)(3)(B)) in the United States.
       ``(B) United states.--For purposes of this subsection, the 
     term `United States' includes the Commonwealth of Puerto 
     Rico, the Virgin Islands of the United States, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands.
       ``(C) Unrelated person.--For purposes of this subsection, 
     the term `unrelated person' means any person who is not a 
     related person with respect to the controlled foreign 
     corporation.
       ``(D) Coordination with foreign base company sales 
     income.--For purposes of this section, the term `foreign base 
     company sales income' shall not include any imported property 
     income.''.
       (c) Separate Application of Limitations on Foreign Tax 
     Credit for Imported Property Income.--
       (1) In general.--Paragraph (1) of section 904(d) (relating 
     to separate application of section with respect to certain 
     categories of income) is amended by striking ``and'' at the 
     end of subparagraph (A), by redesignating subparagraph (B) as 
     subparagraph (C), and by inserting after subparagraph (A) the 
     following new subparagraph:
       ``(B) imported property income, and''.
       (2) Imported property income defined.--Paragraph (2) of 
     section 904(d) is amended by redesignating subparagraphs (I), 
     (J), and (K) as subparagraphs (J), (K), and (L), 
     respectively, and by inserting after subparagraph (H) the 
     following new subparagraph:
       ``(I) Imported property income.--The term `imported 
     property income' means any income received or accrued by any 
     person which is of a kind which would be imported property 
     income (as defined in section 954(j)).''.
       (3) Conforming amendment.--Clause (ii) of section 
     904(d)(2)(A) is amended by inserting ``or imported property 
     income'' after ``passive category income''.
       (d) Technical Amendments.--
       (1) Clause (iii) of section 952(c)(1)(B) (relating to 
     certain prior year deficits may be taken into account) is 
     amended--
       (A) by redesignating subclauses (II), (III), (IV), and (V) 
     as subclauses (III), (IV), (V), and (VI), and
       (B) by inserting after subclause (I) the following new 
     subclause:

       ``(II) imported property income,''.

       (2) The last sentence of paragraph (4) of section 954(b) 
     (relating to exception for certain income subject to high 
     foreign taxes) is amended by striking ``subsection (a)(5)'' 
     and inserting ``subsection (a)(4)''.
       (3) Paragraph (5) of section 954(b) (relating to deductions 
     to be taken into account) is amended by striking ``and the 
     foreign base company oil related income'' and inserting ``the 
     foreign base company oil related income, and the imported 
     property income''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after the date of the enactment of this Act, and to 
     taxable years of United States shareholders within which or 
     with which such taxable years of such foreign corporations 
     end.
                                 ______
                                 
  SA 4342. Ms. SNOWE (for herself, Mr. Enzi, and Mr. Ensign) submitted 
an amendment intended to be proposed to amendment SA 4301 proposed by 
Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 413.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


           Committee on Commerce, science, and transportation

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


                          Committee on finance

  Mrs. BOXER. Mr. President, I ask unanimous consent that the Committee 
on Finance be authorized to meet during the session of the Senate on 
June 10, 2010, at 10 a.m., in room 215 of the Dirksen Senate Office 
Building, to conduct a hearing entitled ``The U.S.-China Economic 
Relationship: A New Approach for A New China.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Committee on foreign relations

  Mrs. BOXER. Mr. President, I ask unanimous consent that the Committee 
on Foreign Relations be authorized to meet during the session of the 
Senate on June 10, 2010, at 10 a.m., to hold a hearing entitled 
``Strategic Arms Control and National Security (Treaty Doc. 111-5).''
  The PRESIDING OFFICER. Without objection, it is so ordered.


          Committee on health, education, labor, and pensions

  Mrs. BOXER. 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 ``Production 
over Protections: A Review of Process Safety Management in the Oil and 
Gas Industry'' on June 10, 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 Homeland Security and Governmental Affairs

  Mrs. BOXER. Mr. President, I ask unanimous consent that the Committee 
on Homeland Security and Governmental Affairs be authorized to meet 
during the session of the Senate on June 10, 2010, at 2:30 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Committee on Indian Affairs

  Mrs. BOXER. Mr. President, I ask unanimous consent that the Committee 
on Indian Affairs be authorized to meet during the session of the 
Senate on June 10, 2010, at 3 p.m. in room

[[Page 10466]]

628 of the Dirksen Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Committee on the Judiciary

  Mrs. BOXER. Mr. President, I ask unanimous consent that the Committee 
on the Judiciary be authorized to meet during the session of the Senate 
on June 10, 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

  Mrs. BOXER. Mr. President, I ask unanimous consent that the Ad Hoc 
Subcommittee on State, Local, and Private Sector Preparedness and 
Integration of the Committee on Homeland Security and Governmental 
Affairs be authorized to meet during the session of the Senate on June 
10, 2010, at 10 a.m. to conduct a hearing entitled, ``Deep Impact: 
Assessing the Effects of the Deepwater Horizon Oil Spill on States, 
Localities and the Private Sector.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Select Committee on Intelligence

  Mrs. BOXER. Mr. President, I ask unanimous consent that the Select 
Committee on Intelligence be authorized to meet during the session of 
the Senate on June 10, 2010, at 2:30 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mrs. BOXER. Mr. President, I ask unanimous consent that Julie 
DeMeester, a fellow in Senator Durbin's office, be granted the 
privilege of the floor for the duration of the Murkowski resolution 
debate.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mrs. BOXER. Mr. President, I ask unanimous consent, on behalf of 
Senator Baucus, that a fellow, Andrew Erickson, be granted the 
privileges of the floor during the consideration of this resolution.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. DORGAN. Mr. President, I ask unanimous consent the Senate proceed 
to executive session to consider Calendar No. 932 and all nominations 
on the Secretary's desk in the Coast Guard and NOAA; that the 
nominations be confirmed en bloc, and the motions to reconsider be laid 
upon the table en bloc; that no further motions be in order; that any 
statements relating to the nominations be printed in the Record, and 
that the President be immediately notified of the Senate's action.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:


                           In the Coast Guard

       The following named officers for appointment in the United 
     States Coast Guard to the grade indicated under section 271, 
     title 14, U.S.C.:

                           To be rear admiral

     Rear Adm. (lh) Joseph R. Castillo
     Rear Adm. (lh) Daniel R. May
     Rear Adm. (lh) Roy A. Nash
     Rear Adm. (lh) Peter F. Neffenger
     Rear Adm. (lh) Charles W. Ray
     Rear Adm. (lh) Keith A. Taylor

               Nominations Placed on the Secretary's Desk


                           In the Coast Guard

       PN1771 COAST GUARD nominations (4) beginning Emily S. 
     McIntyre, and ending Scott J. McCann, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of May 13, 2010.


            National Oceanic and Atmospheric Administration

       PN1622 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
     nominations (20) beginning REBECCA J. ALMEIDA, and ending 
     OLIVER E. BROWN, which nominations were received by the 
     Senate and appeared in the Congressional Record of April 14, 
     2010.
       PN1732 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
     nominations (16) beginning TIMOTHY C. SINQUEFIELD, and ending 
     LARRY V. THOMAS JR., which nominations were received by the 
     Senate and appeared in the Congressional Record of April 29, 
     2010.

  Mr. DORGAN. I ask unanimous consent that on Tuesday, June 15, at 
11:30 a.m., the Senate proceed to executive session and debate 
concurrently the following nominations on the Executive Calendar for a 
total of 20 minutes, with the time equally divided and controlled 
between Senators Leahy and Sessions or their designees: Calendar No. 
732, Tanya Pratt; Calendar No. 775, Brian Jackson; and Calendar No. 
776, Elizabeth Foote; that upon the use or yielding back of time, the 
Senate proceed to vote on confirmation of the nominations in the order 
listed, and that after the first vote, the succeeding votes be limited 
to 10 minutes each; that upon confirmation, the motions to reconsider 
be considered made and laid upon the table, the President be 
immediately notified of the Senate's action, and the Senate then resume 
legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                          LEGISLATIVE SESSION

  The PRESIDING OFFICER. The Senate will resume legislative session.

                          ____________________




             CRUISE VESSEL SECURITY AND SAFETY ACT OF 2010

  Mr. DORGAN. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of Calendar No. 211, H.R. 3360.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 3360) to amend title 46, United States Code, 
     to establish requirements to ensure the security and safety 
     of passengers and crew on cruise vessels, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I am pleased to support the Cruise Vessel 
Security and Safety Act of 2010 and glad to join the full Senate today 
in passing this important bill. This legislation will improve the 
safety of Americans traveling on cruise ships by increasing security 
and crime reporting regulations.
  Far too many incidents of sexual assault and other serious crimes 
continue to occur on board cruise ships despite ongoing media and 
Congressional attention to this problem. I have long worked to improve 
protections for crime victims through landmark legislation including 
the Victims of Crime Act and the Violence Against Women Act. I applaud 
Senator Kerry for his leadership in ensuring those protections extend 
to Americans traveling aboard cruise ships.
  This important legislation will require the cruise industry to comply 
with a number of commonsense security provisions, such as providing 
peep holes and locks in sleeping cabins, and it mandates cruise vessel 
personnel to contact both the FBI and the U.S. Coast Guard as soon as a 
serious crime is reported.
  I am particularly pleased to see that the legislation will improve 
the treatment and protections victims receive on board a cruise ship 
following a crime. For example, a licensed medical practitioner will be 
required on board all ships to provide immediate treatment, including 
medications to prevent sexually transmitted diseases after an assault 
and to conduct forensic examinations to help collect critical evidence 
for later prosecution. I have worked hard to ensure that these kinds of 
services to assist victims and to facilitate successful prosecution of 
those who commit terrible crimes are available throughout the country. 
I am glad that this bill will help ensure that Americans traveling at 
sea receive these same vital services.
  These important commonsense provisions will help prevent further 
crimes from happening by improving security measures on our country's 
cruise ships, while also improving our ability to hold the perpetrators 
of these serious crimes accountable. I am pleased to support this 
important legislation.

[[Page 10467]]


  Mr. DORGAN. Mr. President, I ask unanimous consent the Rockefeller 
substitute amendment which is at the desk be agreed to, the bill, as 
amended, be read a third time, the bill be passed, the motions to 
reconsider be laid upon the table, with no intervening action or 
debate, and any statements be printed in the Record as if read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Mr. CONRAD. Mr. President, this is the Statement of 
     Budgetary Effects of PAYGO Legislation for H.R. 3360, the 
     Cruise Vessel Security and Safety Act of 2010, as amended. 
     This statement has been prepared pursuant to Section 4 of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139), and 
     is being submitted for printing in the Congressional Record 
     prior to passage of H.R. 3360, as amended, by the Senate.

       Total Budgetary Effects of H.R. 3360, as amended, for the 
     5-year Statutory PAYGO Scorecard: $0.
       Total Budgetary Effects of H.R. 3360, as amended, for the 
     10-year Statutory PAYGO Scorecard: $0.

       Also submitted for the Record as part of this statement is 
     a table prepared by the Congressional Budget Office, which 
     provides additional information on the budgetary effects of 
     this Act.

 CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 3360, THE CRUISE VESSEL SECURITY AND SAFETY ACT OF 2010, AS PROVIDED TO CBO BY THE SENATE
                                                            BUDGET COMMITTEE ON JUNE 9, 2010
                                                             [Version: June 8, 2010 4:53 pm]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         By fiscal year, in millions of dollars--
                                ------------------------------------------------------------------------------------------------------------------------
                                   2010     2011     2012     2013     2014     2015     2016     2017     2018     2019     2020   2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Net Increase or Decrease (-) in the Deficit
 
Statutory Pay-As-You-Go Impact.        0        0        0        0        0        0        0        0        0        0        0          0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: H.R. 3360 would address the safety of passengers and crew members on vessels. The bill would establish new criminal and civil penalties, but CBO
  estimates that any new revenues or direct spending would be less than $500,000 annually.

  The amendment (No. 4339) was agreed to.
  (The text of 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. 3360), as amended, was read the third time and passed.

                          ____________________




              NATIONAL HEALTH INFORMATION TECHNOLOGY WEEK

  Mr. DORGAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 550 submitted earlier 
today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 550) designating the week beginning 
     on June 14, 2010, ending on June 18, 2010, as ``National 
     Health Information Technology Week'' to recognize the value 
     of health information technology to improving health quality.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DORGAN. I ask unanimous consent the resolution be agreed to, the 
preamble be agreed to, the motions to reconsider be laid upon the 
table, with no intervening action or debate, and any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 550) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 550

       Whereas the Healthcare Information and Management Systems 
     Society has collaborated with more than 5 dozen healthcare 
     organizations for almost 50 years to transform health care by 
     improving information technology and management systems;
       Whereas the Center for Information Technology Leadership 
     estimates that the implementation of national standards for 
     interoperability and the exchange of health information would 
     save the United States approximately $77,000,000,000 in 
     expenses relating to health care each year;
       Whereas health care information technology and management 
     systems have been recognized as essential tools for improving 
     the quality and cost efficiency of the health care system;
       Whereas Congress has made a commitment to leveraging the 
     benefits of the health care information technology and 
     management systems, including through the adoption of 
     electronic medical records that will help to reduce costs and 
     improve quality while ensuring privacy of patients and 
     codification of the Office of the National Coordinator for 
     Health Information Technology;
       Whereas Congress has emphasized improving the quality and 
     safety of delivery of health care in the United States; and
       Whereas since 2006, organizations across the United States 
     have united to support National Health Information Technology 
     Week to improve public awareness of the benefits of improved 
     quality and cost efficiency of the health care system that 
     the implementation of health information technology could 
     achieve: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates the week beginning on June 14, 2010, and 
     ending on June 18, 2010, as ``National Health Information 
     Technology Week'';
       (2) recognizes the value of information technology and 
     management systems in transforming health care for the people 
     of the United States; and
       (3) calls on all interested parties to promote the use of 
     information technology and management systems to transform 
     the health care system in the United States.

                          ____________________




                              APPOINTMENT

  The PRESIDING OFFICER. The Chair, on behalf of the President pro 
tempore, upon the recommendation of the Republican leader, pursuant to 
Public Law 105-292, as amended by Public Law 106-55, and as further 
amended by Public Law 107-228, appoints the following individual to the 
United States Commission on International Religious Freedom: Leonard A. 
Leo of Virginia Vice Preeta D. Bansal.

                          ____________________




                    ORDERS FOR MONDAY, JUNE 14, 2010

  Mr. DORGAN. Mr. President, I ask unanimous consent that when the 
Senate completes its business today, it stand adjourned until 2 p.m. 
Monday, June 14; 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 for up to 10 minutes each, with 
the time equally divided and controlled between the two leaders or 
their designees. I further ask that following morning business the 
Senate resume consideration of the House message to accompany H.R. 
4213, the extenders package.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. DORGAN. As a reminder, there will be no rollcall votes during 
Monday's session. However, the bill manager will be here in the Chamber 
of the Senate to continue working through amendments on the extenders 
bill. The next rollcall votes will occur around 11:50 a.m. Tuesday, 
June 15, on the confirmation of several judicial nominations.

                          ____________________




           ADJOURNMENT UNTIL MONDAY, JUNE 14, 2010, AT 2 P.M.

  Mr. DORGAN. Mr. President, if there is no further business to come 
before the Senate, I ask unanimous consent

[[Page 10468]]

that it stand adjourned under the previous order.
  There being no objection, the Senate, at 6:05 p.m., adjourned until 
Monday, June 14, 2010, at 2 p.m.

                          ____________________




                              NOMINATIONS

  Executive nomination received by the Senate:


                             THE JUDICIARY

       JAMES E. GRAVES, JR., OF MISSISSIPPI, TO BE UNITED STATES 
     CIRCUIT JUDGE FOR THE FIFTH CIRCUIT, VICE RHESA H. BARKSDALE, 
     RETIRED.

                          ____________________




                             CONFIRMATIONS

  Executive nominations confirmed by the Senate, Thursday, June 10, 
2010:


                           IN THE COAST GUARD

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED 
     STATES COAST GUARD TO THE GRADE INDICATED UNDER SECTION 271, 
     TITLE 14, U.S.C.:

                           To be rear admiral

REAR ADM. (LH) JOSEPH R. CASTILLO
REAR ADM. (LH) DANIEL R. MAY
REAR ADM. (LH) ROY A. NASH
REAR ADM. (LH) PETER F. NEFFENGER
REAR ADM. (LH) CHARLES W. RAY
REAR ADM. (LH) KEITH A. TAYLOR

       THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE 
     NOMINEES' COMMITMENT TO RESPOND TO REQUESTS TO APPEAR AND 
     TESTIFY BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE.
       COAST GUARD NOMINATIONS BEGINNING WITH EMILY S. MCINTYRE 
     AND ENDING WITH SCOTT J. MCCANN, WHICH NOMINATIONS WERE 
     RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL 
     RECORD ON MAY 13, 2010.


            NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

       NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION NOMINATIONS 
     BEGINNING WITH REBECCA J. ALMEIDA AND ENDING WITH OLIVER E. 
     BROWN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND 
     APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 14, 2010.
       NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION NOMINATIONS 
     BEGINNING WITH TIMOTHY C. SINQUEFIELD AND ENDING WITH LARRY 
     V. THOMAS, JR., WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 
     AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, 2010.
     
     


[[Page 10469]]

            HOUSE OF REPRESENTATIVES--Thursday, June 10, 2010

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

                          ____________________




                                 PRAYER

  Bishop Miles Fowler, Big Miller Grove Missionary Baptist Church, 
Lithonia, Georgia, offered the following prayer:
  God of all creation, we humbly approach Thy throne asking that You 
bless this august body of men and women as they endeavor to create 
legislation that will impact the lives of Your people.
  Lord, help these leaders to lean not to their own understanding but 
to acknowledge You and seek Your guidance, that You may direct their 
paths.
  We pray, Lord, that You give them the wisdom of Solomon, the strength 
of Sampson, the courage of Esther, and let these be tempered with Your 
grace.
  Finally, Lord, bless President Obama, his family, and all of the 
leaders of this great Nation, in the matchless name of Your Son, Jesus, 
the Christ. 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 North Carolina (Ms. Foxx) come 
forward and lead the House in the Pledge of Allegiance.
  Ms. FOXX 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.

                          ____________________




                    WELCOMING BISHOP MILES E. FOWLER

  The SPEAKER. Without objection, the gentleman from Georgia (Mr. 
Johnson) is recognized for 1 minute.
  There was no objection.
  Mr. JOHNSON of Georgia. Madam Speaker, it is my great honor to 
welcome our guest chaplain, Bishop Miles E. Fowler, to the House of 
Representatives, and I thank him for offering his beautiful and 
thoughtful prayer to us this morning.
  Bishop Miles E. Fowler joins us today from Lithonia, Georgia, where 
he is the pastor of Big Miller Grove Missionary Baptist Church, a 
position he has proudly held for the past 33 years.
  Having served our Nation in the Air Force Reserve from 1957 to 1965, 
Bishop Fowler has since committed his life to the betterment of our 
country and its citizens through his ministry. As a pastor to more than 
1,500 parishioners and a spiritual leader to more than 30 ministers 
under the auspices of Refuge Churches, his aim, personally and through 
his ministry, has always been to provide aid, assistance, and spiritual 
support in every aspect of our community.
  As a committed husband, father, and grandfather--and his wife and 
some relatives are seated up in the gallery--Bishop Fowler recognizes 
the importance of family and has published two insightful works 
providing spiritual guidance for married couples.
  Madam Speaker, I am pleased Bishop Fowler was able to share some of 
his words of wisdom and grace with us today. We recognize him for his 
continued commitment to his faith and community.

                          ____________________




                      ANNOUNCEMENT BY THE SPEAKER

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

                          ____________________




      CONGRATULATING CHICAGO BLACKHAWKS ON WINNING THE STANLEY CUP

  (Mr. QUIGLEY asked and was given permission to address the House for 
1 minute.)
  Mr. QUIGLEY. Madam Speaker, you have no idea how much I'm going to 
enjoy this, but sometime late last night, Patrick Kane put the puck 
past a Philadelphia goaltender in overtime, and the Chicago Blackhawks 
became the Stanley Cup champions. Congratulations to the team for their 
great season. Many of these players have played over 120 games this 
season, including the Olympics, to achieve their one goal.
  A special thanks to the owner of the Blackhawks, Rocky Wirtz--while 
hockey never left Chicago, he brought it back--the management team of 
John McDonough, Jay Blunk, Stan and Scotty Bowman, Coach Quenneville, 
and Dale Tallon.
  Madam Speaker, today for all of us, with apology, Chicago is my kind 
of town.

                          ____________________




              TIME FOR A BUDGET THAT PUTS TAXPAYERS FIRST

  (Ms. FOXX asked and was given permission to address the House for 1 
minute.)
  Ms. FOXX. Madam Speaker, the 2010 Federal budget deficit will hit $1 
trillion this month, and we've also recently learned that the Federal 
debt will reach $19.5 trillion by 2015. You'd think this would be a 
case for some real careful examination of the Federal budget. You'd 
think Congress would be looking everywhere for areas to trim and 
programs to cut. But that is not the case. It's been almost 2 months 
since the deadline to introduce a budget resolution passed, and House 
Democrats still haven't produced a budget. How are we going to get 
spending under control and bring down the deficit if Congress won't 
even consider a budget? Madam Speaker, it's time for Congress to 
consider a budget, one that puts taxpayers, not big government, first.

                          ____________________




                             CHECK THE DEBT

  (Mr. WILSON of Ohio asked and was given permission to address the 
House for 1 minute.)
  Mr. WILSON of Ohio. Mr. Speaker, I share the concerns many Americans 
have about our country's financial future. I often hear from Ohioans 
who are worried about the financial burden we are leaving for the next 
generation. They want to know if there's anything they can do to help. 
That is why yesterday I introduced the Check the Debt Act.
  This bill would add a ``check the debt'' box to our annual tax forms. 
This would allow individuals to contribute $3 to help pay down the 
national debt, without adding to their tax bill. This option would be 
similar to the public financing of campaigns check, where a check the 
box is already available on tax forms. Nearly 33 million people each 
year respond to public campaign financing without adding to their tax 
bill. This raises nearly $100 million annually for campaign financing.
  That kind of money is a step in the right direction. It will enable 
and encourage Americans to lend a hand in paying down our debt. The $13 
trillion debt our country has built up over the last several decades 
will not go away overnight, but we must start somewhere.

[[Page 10470]]



                          ____________________




                    BULGARIA'S HISTORIC ANNIVERSARY

  (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, 20 years ago today, I 
served as an election observer in Bulgaria on behalf of the 
International Republican Institute, IRI. It was a life-changing dream 
come true for me to experience firsthand the birth of liberty in a 
captive nation which had been subjected for decades to Nazism and 
Communism. As a lifelong Cold Warrior, I always promoted victory over 
Communism.
  On June 10, 1990, the people of Bulgaria participated in the first 
free elections since the 1930s. It was inspiring to visit polling 
places in the Plovdiv region and witness the young and old 
participating freely. The talented people of Bulgaria were unshackled. 
People did not want to be a slavish Soviet satellite.
  Since then, Bulgaria has evolved from the antiquated, frozen-in-time 
nation of the 1930s to being a vibrant free market democracy of today. 
It is now a valued member of NATO, with troops having served in Iraq 
and Afghanistan. It is a dynamic member of the European Union.
  In conclusion, God bless our troops, and we will never forget 
September 11th in the Global War on Terrorism. God bless Bulgaria.

                          ____________________




                        $250 CHECKS FOR SENIORS

  (Mrs. DAHLKEMPER asked and was given permission to address the House 
for 1 minute and to revise and extend her remarks.)
  Mrs. DAHLKEMPER. Mr. Speaker, today, checks will go in the mail to 
189,000 seniors across Pennsylvania, including thousands in my district 
in Western Pennsylvania. This will help them pay for prescription 
drugs. These $250 checks are on the way to seniors who fell victim to 
the prescription drug donut hole in Medicare. The $250 checks are just 
the first step in reducing prescription drug prices for seniors under 
the new health care reform. Next year, seniors in the donut hole will 
get a 50 percent discount on name-brand prescription drugs and a 75 
percent discount on generics. The average Pennsylvania senior will save 
$700 next year on prescription drugs because of the health care reform 
bill. This is a down payment on reducing prescription drug costs for 
seniors and eventually closing the donut hole altogether. I am proud 
that our health care reform legislation is helping seniors during this 
difficult time.

                          ____________________




                              {time}  1015
                             DOING NOTHING

  (Mr. PITTS asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PITTS. Mr. Speaker, once again the complete lack of leadership 
demonstrated by the administration on budget issues is extremely 
disappointing.
  When the President introduced his budget earlier this year, he 
projected trillion dollar deficits for years to come. To fix the 
problem, he passed the buck to a new debt commission. This week, when 
Budget Director Peter Orszag was asked about whether the administration 
would send a package of budget cuts to Congress, he said that it would 
be a ``fruitless exercise.''
  Certainly Congress controls the purse, but the President plays a 
critical role in providing leadership on spending issues. I know that 
House Republicans would support a substantial package of budget cuts. 
We are not going to wait for the President, however. We are going to 
keep introducing sensible measures to reduce spending, and we are going 
to let the American people have their say on the YouCut Web site.
  Our national debt has reached the level where it is holding back our 
economic growth. We shouldn't wait any longer to put the stops on 
government spending and borrowing, which is out of control.

                          ____________________




                           HEALTH CARE REFORM

  (Mr. WALZ asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. WALZ. Mr. Speaker, last week I had the opportunity to welcome 
Health and Human Services Secretary Kathleen Sebelius to my district 
and to the city of Rochester, Minnesota, home to the Mayo Clinic, to 
talk about the positive influence that the health care reform bill will 
have on Medicare reform, paying for value over volume and continuing to 
provide the highest quality care to our citizens at the lowest possible 
cost.
  I also went over with my friend Ron Kind into La Crosse, Wisconsin, 
to talk to seniors. We heard a lot about the Medicare part D doughnut 
hole. As my colleague from Pennsylvania said, this week $250 rebate 
checks will be going to them to allow those seniors who have worked 
their entire life to build this Nation and to prepare for a prosperous 
and comfortable retirement to be able to pay for that expensive 
doughnut hole as it was crafted under the previous law. There are 
63,000 Minnesotans who will see that 3 weeks in advance.
  This is just one of the many benefits that will come to them. It's 
absolutely critical our seniors in this country hear the facts, the 
real facts about health care reform, how it will end up bringing higher 
quality of care and lower costs paying down the national debt. I am 
proud that the Secretary could see that at the world-famous Mayo 
Clinic.

                          ____________________




                           ISRAEL'S BLOCKADE

  (Mr. POE of Texas asked and was given permission to address the House 
for 1 minute.)
  Mr. POE of Texas. Mr. Speaker, the Israelis check cargo for hidden 
weapons that is shipped into Gaza. Last week, six ships ran the 
security blockade and were boarded. People on one ship attacked and 
stabbed the Israeli soldiers and beat them with pipes. It was seen on 
televisions throughout the world. Ten Israeli soldiers were injured as 
they defended themselves, and, of course, they have the legal and moral 
right of self-defense.
  But the hate Israel at any price crowd denounced the Israelis, and 
now our administration is telling Israel they shouldn't be so security 
conscious. ``Back off a little on the blockades,'' the White House 
says. And just so we don't hurt anybody's feelings, the administration 
is sending $400 million to Gaza. Why? What are the Palestinians going 
to do with that money. Buy more rockets to shoot into Israel? Who 
knows.
  Who are we to tell our ally, Israel, how to secure its borders? We 
are giving advice to a country on smuggling security when we can't even 
keep the smuggling contraband out of our own country.
  And that's just the way it is.

                          ____________________




                       IN MEMORY OF GEORGE TILLER

  (Ms. CHU asked and was given permission to address the House for 1 
minute.)
  Ms. CHU. Mr. Speaker, in 1970, Dr. Jack Tiller traveled to a 
convention in Canada with his wife and daughter. Tragically, their 
plane crashed, leaving behind his children, George and Diana.
  George went to Wichita. He cared for a sick grandmother and orphaned 
nephew when they didn't have anyone else. He planned to be a 
dermatologist. Instead, he took over his father's general practice when 
he saw that local patients didn't have anyone else. Soon after, women 
asked him if he would do what his father did. They were desperate women 
who needed reproductive control over their lives. George said yes.
  Now you know why George Tiller began the career that cost him his 
life, because he decided he would be there for women facing a crisis 
when they didn't have anyone else.

                          ____________________




                   SPEAKING OUT FOR AMERICA'S FUTURE

  (Mr. SMITH of Texas asked and was given permission to address the 
House

[[Page 10471]]

for 1 minute and to revise and extend his remarks.)
  Mr. SMITH of Texas. Mr. Speaker, the American people demand real 
change in Washington. From record deficit spending to the passage of a 
health care bill most Americans don't want, there is a serious 
disconnect between the congressional agenda and the desires of the 
American people.
  America Speaking Out is a timely initiative designed to start an 
honest discussion between Americans and their representatives. Through 
this innovative new forum, the American people can give us their 
priorities and offer their ideas for a new agenda to solve the problems 
that confront our Nation.
  There is a deficit of trust in Congress, and it is only by listening 
to the American people that we can earn back their trust and turn the 
country in the right direction.
  Check out the Web site, America Speaking Out.

                          ____________________




                           HEALTH CARE REFORM

  (Mr. BACA asked and was given permission to address the House for 1 
minute.)
  Mr. BACA. Mr. Speaker, the historic health reform passed earlier this 
year is already having a positive impact on millions of American 
seniors.
  Starting today, Medicare will begin mailing out $250 rebate checks to 
assist those who fall into the prescription drug doughnut hole. In my 
home State of California, over 382,000 seniors will now find it a 
little bit easier to afford lifesaving medicine they need, no longer 
making the decision of paying for medicine, paying for mortgages, or 
putting food on the table, but getting the service they need.
  Starting next year, seniors in the doughnut hole will receive an 
additional 50 percent discount on all brand-name drugs. By the year 
2020, the new law will totally close the doughnut hole.
  But the benefits don't stop there. Health reform will provide free 
preventive care services to all Medicare recipients, and that extends 
Medicare solvency by an additional 12 years to the year 2029.
  Those who continue to call for repeal of reform want to move us back 
to the era of higher drug costs and less security for seniors. 
Democrats will continue to fight to protect our most vulnerable 
Americans.

                          ____________________




                 MR. PRESIDENT, WHOSE SIDE ARE YOU ON?

  (Mr. PENCE asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PENCE. We all agree the loss of life that occurred last week when 
a flotilla designed to challenge Israel's effective blockade of Gaza 
ended in military confrontation, but Israel has a right to defend 
itself.
  The history is clear in that region. Gaza is controlled by a 
terrorist organization known as Hamas. Hamas used Gaza as a launching 
pad for thousands of rockets that killed innocent civilians in Israel. 
Israel responded with military force and has instituted a blockade that 
has saved lives in Gaza and in Israel.
  There's no humanitarian crisis. Ten thousand tons of food and medical 
supplies are transferred into Gaza every single week.
  Remarkably, yesterday, the President said it was time for Israel to 
sharply limit its effective blockade in Gaza saying, ``The situation in 
Gaza is unsustainable.'' The truth is, Mr. President, your policy in 
Israel is unsustainable. The American people are on the side of Israel 
and Israel's right to defend herself.
  Mr. President, whose side are you on?

                          ____________________




                       FILLING THE DOUGHNUT HOLE

  (Mr. STUPAK asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. STUPAK. Mr. Speaker, starting this week, tax-free rebate checks 
of $250 will be sent to seniors who have already hit the part D 
doughnut hole. This $250 rebate is a key improvement to Medicare and 
the first Medicare benefit of the new health care reform law to take 
effect.
  These rebates are being sent out 3 months ahead of schedule, and the 
first round of checks will reach nearly 80,000 seniors who are already 
in the doughnut hole. Following this initial round of rebate checks, 
additional checks will be sent to seniors as they hit the doughnut 
hole. It's estimated that 4 million seniors across the country will 
receive a $250 rebate check this year.
  This is just a first phase of relief for seniors from prescription 
drug costs. Next year, seniors in the doughnut hole will see a 50 
percent discount on brand-name drugs.
  While the Medicare part D prescription drug program has helped 
millions of seniors obtain prescription drug coverage, seniors who fall 
into the doughnut hole and receive no financial assistance with their 
prescription drugs are often forced to put their health in danger by 
splitting pills or skipping treatments altogether to save on costs.
  Despite the clear benefits to seniors from the health care reform 
legislation, Republican leaders have now made it a priority to repeal 
this landmark law, which will take away these prescription drug cost 
savings and other benefits for seniors and millions of Americans. It is 
now time that we implement further reform.

                          ____________________




                         FARM BILL ENERGY TITLE

  (Mr. SMITH of Nebraska asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. SMITH of Nebraska. Mr. Speaker, one of the most difficult 
challenges facing our Nation's future is providing clean, affordable, 
and reliable energy. The 2008 Farm Bill Energy Title provided a 
commitment to farm-based energy.
  While the intent of this agenda was to expand biofuels in a timely 
manner, many of my constituents have expressed frustration with the 
slow pace of USDA's implementation. Nebraska's Third Congressional 
District is a leader in biofuels, and I remain committed to advancing 
the critical, timely development of our Nation's biofuels industry 
while decreasing our Nation's dependence on foreign oil.
  I am confident that we can provide a cleaner environment and 
alleviate some of the economic pain Americans continue to experience. 
However, without a strong commitment, our advanced biofuels industry 
faces massive uncertainties, jeopardizing our Nation's path to energy 
independence.

                          ____________________




                           HEALTH CARE REFORM

  (Mr. MURPHY of New York asked and was given permission to address the 
House for 1 minute.)
  Mr. MURPHY of New York. Mr. Speaker, today we see the first benefits 
from the new health care reform law that was passed earlier by this 
Congress and signed into law by the President.
  Eighty thousand seniors across America will be receiving checks that 
are being sent out, starting today, for $250 to help pay the costs of 
their prescription drug coverage while they are in the doughnut hole. 
Other seniors that reach the doughnut hole through the rest of this 
year will also receive $250 checks to help them afford the prescription 
drugs they need to live their lives safely and happily.
  Over the next 10 years, this health care reform will eliminate the 
doughnut hole completely for our seniors. That's a step in the right 
direction, providing security and safety in the health care that our 
seniors need.
  Amazingly, though, some on the other side of the aisle are continuing 
to call, not to change the health care reform bill but to repeal it 
entirely, to cut up the checks, take them away from our seniors and 
stop the help that they need to pay for their prescription drugs.
  We will always be working to make our health care system better, but 
repealing this positive step forward makes no sense to me.

[[Page 10472]]



                          ____________________




                         $250 CHECKS TO SENIORS

  (Ms. EDWARDS of Maryland asked and was given permission to address 
the House for 1 minute and to revise and extend her remarks.)
  Ms. EDWARDS of Maryland. Mr. Speaker, in 2003, Republicans said they 
were overhauling Medicare, but all they succeeded in doing was creating 
a prescription drug doughnut hole that, in 2009 alone, forced 63,000 
Maryland seniors to pay thousands of dollars out of pocket, forcing 
many to choose between buying the prescription drugs they need or 
purchasing food.
  The Nation's seniors shouldn't be forced to make such a choice. 
That's why, under the new health care law, we are dedicated to closing 
the doughnut hole once and for all.
  Today, June 10, $250 checks are being mailed out to 80,000 eligible 
seniors as a first step to reducing the financial burden faced by 
seniors. Then next year there will be a 50 percent discount on 
prescription drugs in the doughnut hole.
  Mr. Speaker, the first of many benefits under the health law that my 
Republican colleagues opposed and now hope to repeal is on the way. Our 
seniors and the rest of the country can't afford to go back to a broken 
system controlled by insurance companies with coverage gaps, denied 
care, and skyrocketing costs.

                          ____________________




                            $250 FOR SENIORS

  (Mr. KLEIN of Florida asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. KLEIN of Florida. Mr. Speaker, today is a very important day for 
seniors in south Florida.
  Today, more than 3 weeks ahead of schedule, checks to help cover the 
costs of prescription medication will be mailed to seniors who have 
fallen into the dreaded Medicare part D doughnut hole.
  I have talked to many seniors in West Palm Beach and other parts of 
my district who had to make the wrenching choice between food and 
medicine. This should not happen in the America that I know, and that's 
why I personally have fought so hard to make sure that health care 
reform included reducing the cost of medicine for our seniors.
  Starting today, payments of $250 will be mailed to every senior who 
falls in the doughnut hole to help cover their costs. This is an 
important step, but it's just the beginning, because starting next 
year, seniors will see a 50 percent discount on brand-name drugs and we 
will begin to close the doughnut hole for good.
  Fighting for our seniors in south Florida is one of my top 
priorities, and today's checks will make a real difference for seniors 
who have worked hard and paid into the system. I look forward to 
continuing to work together to strengthen and protect Medicare.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Mr. Pastor of Arizona). Pursuant to clause 8 
of rule XX, the Chair will postpone further proceedings today on the 
motion to suspend the rules on which a recorded vote or the yeas and 
nays are ordered, or on which the vote incurs objection under clause 6 
of rule XX.
  Any record vote on the postponed question will be taken later.

                          ____________________




                     OIL SPILL LIABILITY TRUST FUND

  Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 3473) to amend the Oil Pollution Act of 1990 to authorize 
advances from Oil Spill Liability Trust Fund for the Deepwater Horizon 
oil spill.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3473

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

     SECTION 1. ADVANCES FROM OIL SPILL LIABILITY TRUST FUND FOR 
                   DEEPWATER HORIZON OIL SPILL.

       Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2752) is amended in the second sentence--
       (1) by inserting ``(1)'' after ``Coast Guard''; and
       (2) by inserting before the period at the end the 
     following: ``and (2) in the case of the discharge of oil that 
     began in 2010 in connection with the explosion on, and 
     sinking of, the mobile offshore drilling unit Deepwater 
     Horizon, may, without further appropriation, obtain 1 or more 
     advances from the Fund as needed, up to a maximum of 
     $100,000,000 for each advance, with the total amount of all 
     advances not to exceed the amounts available under section 
     9509(c)(2) of the Internal Revenue Code of 1986, and within 7 
     days of each advance, shall notify Congress of the amount 
     advanced and the facts and circumstances necessitating the 
     advance''.

     SEC. 2. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

                              {time}  1030

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Minnesota (Mr. Oberstar) and the gentleman from Florida (Mr. Mica) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Minnesota.


                             General Leave

  Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous materials on S. 3473.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
  First, I am grateful for the indulgence of our colleague on the 
committee, our ranking member and senior Republican, Mr. Mica, for 
responding so quickly to the action of the other body.
  We are unaccustomed to such prompt unanimous action in the other 
body, but they did pass, by unanimous consent, the bill before us now, 
S. 3473, in response to requests of the Department of Homeland 
Security, Secretary Napolitano, and Admiral Thad Allen, the National 
Incident Commander, following up on the May 12 request of the 
administration for legislative changes to, quote, ``speed assistance to 
people in need,'' close quote, in response to the BP-Deepwater Horizon 
tragedy.
  The request further asks the Congress to, quote, ``act immediately on 
return from recess,'' close quote. And that is exactly what we are 
doing, but preceded by a hearing the committee held yesterday on the 
many aspects of the Oil Spill Liability Trust Fund and payment from 
responsible parties and the need for future legislation.
  And the gentleman from Florida had several instructive and thoughtful 
suggestions that we in the committee will be acting upon per our 
previous agreement.
  I want to lay out the specifics.
  First of all, the request: Quoting again from the Homeland Security 
Department letter, ``Congress needs to act now to permit movement of 
moneys from the principal fund to the emergency fund. At the current 
pace of BP-Deepwater Horizon response operations, funding available in 
the emergency fund will be insufficient to sustain Federal response 
operations within 2 weeks.'' That's from June 4.
  ``At that point, the Federal on-scene coordinator would not be able 
to commit sufficient funds to the agencies involved in the Federal 
response, including National Guard, Department of Defense, National 
Oceanic and Atmospheric Administration, Environmental Protection 
Agency, Department of Interior, and Department of Agriculture, to 
continue to provide critical response services, including logistical 
support, such as moving boom from Alaska and California to Louisiana; 
scientific support, such as evaluating the environmental impact of the 
spill and the response; and public health support, such as ensuring 
seafood from the gulf region is safe and monitoring fumes that might be 
a public health issue.
  ``Additional transfers from the Oil Spill Liability Trust Fund 
principal

[[Page 10473]]

fund to the emergency fund are needed to fulfill the President's order 
to bring all available and appropriate resources to bear in response to 
this disaster. Furthermore, depleting all currently available funds 
puts at risk the Nation's ability to address any new spills unrelated 
to the BP-Deepwater Horizon.''
  Second, I must note and affirm, as was done in our hearing yesterday, 
that any moneys advanced from the trust fund will be repaid by the 
responsible party--in this case, BP.
  I was part of crafting OPA 90 and its predecessors in my previous 
service on the now-dissolved Merchant Marine Fisheries Committee, which 
jurisdiction transfers to our Committee on Transportation and 
Infrastructure. The whole concept of the Oil Spill Liability Trust Fund 
was from previous experience that there needed to be an immediate 
response by government agencies on scene to lay out funds, as was 
already spelled out in the letter from Homeland Security, without 
having to wait for negotiations with the responsible party.
  In those years, up through the 1990s, all the attention was turned to 
spills from tankers, oceangoing vessels, bulk carriage of crude oil, 
principally, but other product as well.
  The requirement was to get on the scene quickly, corral the oil, and 
contain the spill. The government needed to act quickly. The Coast 
Guard had the capability to do that. But we didn't want--and we had 
experience with Torrey Canyon and the Amoco Cadiz that there were long 
waits for the responsible party to make payments to government agencies 
responding in the case of France and the U.K. and in the case of U.S. 
Government agencies.
  So the Oil Spill Liability Trust Fund was established to have a 
financial resource for government agencies to respond quickly and then 
bill the responsible party. That has been done in the case of the 
Deepwater Horizon spill.
  At our hearing yesterday, Craig Bennett, director of the National 
Pollution Funds Center, said, ``All funds expended will be billed to BP 
and ultimately recovered. These funds are deposited into the principal 
fund, not the emergency fund. As of June 1, 2010, obligations against 
the emergency fund for Federal response efforts totaled $93 million.''
  That figure has now grown to $114 million. So it's bumping up against 
the limit of $150 million--the $100 million, plus the baseline $50 
million for emergency response.
  ``At the current pace of operations, funding available,'' continuing 
with Director Bennett, ``in the emergency fund will be insufficient to 
sustain Federal response operations within 2 weeks.'' And we're very 
close to that number now.
  The Coast Guard has, according to information supplied by the Coast 
Guard, billed BP $69 million. That billing, when responded to by BP, 
will be deposited in the general fund of the Oil Spill Liability Trust 
Fund to replenish the fund. And additional expenditures will be billed 
against BP for deposit in the fund.
  I further note that the Senate's bill amends section 6002 of the Oil 
Pollution Act of 1990 and provides for, quote, ``one or more advances 
from the fund, as needed, up to a maximum of $100 million for each 
advance, with the total amount of all advances not to exceed amounts 
available in section 9509(c)(2) of the Internal Revenue Code of 
1986''--that deals with the Oil Spill Liability Trust Fund--``and 
within 7 days of each advance''--7 days' notice--``shall notify 
Congress of the amount advanced and the facts and circumstances 
necessitating the advance.''
  Now, that language will come after the end of the period of section 
6002(b) and will supplement, but not displace, the 30-day notice 
requirement of the basic law.
  Congress will be notified when the Coast Guard needs to borrow from 
the trust fund up to the maximum of $100 million for each advance it 
requests within 7 days. And we will receive all the information: the 
amount they're requesting, the facts, and the circumstances justifying 
the request for an advance.
  I think this language parallels language that the House has included 
in our supplemental appropriations bill but not yet passed. It's 
important to take this action now.
  This language clearly needs refinement, as was evident in the hearing 
we held yesterday, and I think the gentleman from Florida will agree. 
He has some very thoughtful ideas. We will merge those with other 
testimony submitted at yesterday's hearing and proceed with a 
legislative package in the coming 2 weeks.
  Again, I thank the gentleman from Florida for participating in 
yesterday's hearing and for a response today.
  I reserve the balance of my time.
  Mr. MICA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker and my colleagues, this is an emergency situation, and it 
requires emergency action by the House of Representatives.
  The United States Senate, the other body, has acted and sent us S. 
3743, which will allow us to expand some of the use of the funds that 
have been accumulated in the national Oil Spill Liability Trust Fund on 
an emergency basis. I am pleased that the other body acted. This is a 
unique and very difficult situation dealing with a very unique and 
difficult national disaster.
  First, I would be remiss if I didn't remember today those families 
who will be in Washington visiting with President Obama. Eleven 
individuals lost their lives when the oil rig, the Horizon, exploded in 
April. I know the President will be meeting with them. And, on behalf 
of all the Members of Congress, we extend our condolences for that loss 
of life.
  Right now we are dealing with the results of that disaster. This 
disaster and explosion, sinking of the rig and the uncontrolled oil 
spill--fortunately, there has been some progress in that regard, but 
incredible amounts of oil have spilt into the gulf and now endangers 
the shores of at least four of our States.
  In 1990, we set up an Oil Spill Liability Trust Fund, and that was 
after the Exxon Valdez. That fund has in it $1.6 billion, a substantial 
amount of money.
  Now, that fund was not set up to relieve anyone of responsibility if 
they are negligent, and it was also not a fund to pay for cleanup costs 
that are clearly assigned, clearly identifiable. A lot of it was 
intended for what they call an ``orphan spill,'' or a spill where you 
don't know where the oil came from, the polluting substance came from.
  Within that $1.6 billion trust fund for oil spills that we created, 
we have an emergency fund of $150 million that can be expended 
immediately. Now, what has taken place is that fund, the 150 million 
emergency dollars that can be spent--right now Thad Allen is doing a 
great job in leading the effort for the United States--and, as you 
know, he just retired from the Coast Guard--doing a wonderful job, but 
he has the responsibility of reacting now and immediately.
  It took some time for the administration to get him in place and also 
to declare this a spill of national significance, but he is on the job 
and he needs the resources.
  Now, the resources are running out. We do have a letter, which I will 
submit for the Record and to the Congress at this time. This is to the 
Speaker of the House, and it is from the Director of the Office of 
Management and Budget.
  And he says, ``All the costs of this fund also that are being 
expended at this point must be repaid. But, at this current time, in 
just a matter of days, the emergency fund will run out.'' So we have 
documentation of the need from OMB.
  And just a few minutes ago, we received from the Federal on-scene 
coordinator the statement that their requirements to support the 
continuing ongoing effort will bring the emergency fund to a critically 
low level over the next 7 days.

                              {time}  1045

  So we can't have the cleanup efforts come to a halt. We must act. 
Now, I saw the need for this yesterday and met with colleagues on my 
side of the aisle. We had a hearing in the Transportation and 
Infrastructure Committee. Mr. Oberstar and I agreed

[[Page 10474]]

that we must act. The Senate has acted.
  We have before us S. 3473. This morning, myself and other colleagues 
in Congress introduced H.R. 5499. That's mirror legislation. So both 
the Republican and Democrat House and Senate agree on the provisions of 
this legislation, which will allow in $100 million increments the 
expansion of the emergency fund.
  Now let me make this very clear: the Oil Spill Liability Trust Fund 
is not going to be a piggy bank for BP or for other responsible 
parties. This money must, should, and will be repaid. This is only a 
temporary measure. It is only a temporary measure, too, because the 
money that they are repaying goes back into that larger fund, not into 
the emergency fund. This legislation will correct, again, the inability 
of accessing a larger amount of money on a needed basis.
  So we have introduced mirror legislation today. This is a cooperative 
and bipartisan effort. However, this is a terrible disaster, and 
questions need to be raised about what has caused us to get to this 
situation. Quite frankly, I'm quite baffled about some of the 
administration's positions on deepwater offshore drilling.
  In the beginning of this year, in February, we received the budget 
from the President of the United States and the administration. In this 
budget, they proposed cuts to the Coast Guard of more than 1,000 
positions. They also proposed cuts to and proposed the decommissioning 
of some of the ships, the helicopters and the planes that we see now 
involved in this very important mission. Not only did they propose cuts 
to the Coast Guard, our first responder, but in February they also 
proposed cuts to the Department of the Interior--and look this up, if 
you will--and to the Minerals Management Service, which is responsible 
for environmental reviews. This is what they proposed in February.
  Then in March they proposed the expansion of drilling in the gulf. I 
remember I and Frank LoBiondo, the ranking member, sent out a press 
release when we read about these cuts within the Coast Guard, and we 
said that this was a recipe for disaster. Fortunately, those cuts have 
not been enacted; and I believe, even before this oil spill, there was 
bipartisan support not to enact those cuts that were recommended.
  In light of the administration's policy to expand drilling in the 
gulf, some people say I've been too tough on the Obama administration. 
I think the Obama administration does have a responsibility in this. 
They did issue the permit that allowed the drilling, and I have the 1-
page permit.
  Here is the 1-page approval: April 6, 2009, approval for deepwater 
drilling at 5,000 feet.
  I have what I call the ``deficient plan'' that they approved that was 
submitted by BP in March. So in less days than it took in some 
instances to approve now of a cleanup of proposals, they rubber-stamped 
and gave carte blanche approval.
  Let me say that I also criticized the Bush administration, but I went 
back and looked at what the Bush administration did with the agency 
that was responsible for issuing these permits. This is a memorandum 
from the Office of Inspector General, and it is dated September 9, 
2008, which was during the Bush administration. This is what the Bush 
administration did in that agency that issued this permit under this 
new administration.
  This memo conveys the results of three separate Office of Inspector 
General investigations into allegations against more than a dozen 
current and former Minerals Management Service employees. I went on to 
read what else the Bush administration did with regard to this agency 
that was responsible for issuing these permits.
  Listen to this: Collectively, our recent work in the Minerals 
Management Service has taken well over 2 years. They investigated these 
folks. It also involved the OIG, Office of Inspector General, and Human 
Resources. There was an expenditure of nearly $5.3 million in OIG 
funds. There were 233 witnesses and subjects who were interviewed, many 
of them multiple times. Roughly 470,000 pages of documents were 
reviewed, and people were prosecuted, under the former administration, 
in this agency.
  Now, the latest reports I have, which I discussed yesterday at the 
hearing, were that, in fact, we have reports of inspections by this 
agency, the Minerals Management Service, which were supposed to be done 
by these officers of that Federal agency. They were actually penciled 
in, we believe, and those are the reports we have by oil workers, which 
were then inked over by these folks. It is nice for this administration 
to have spent time rewarding BP with safety awards in the prior year. 
It is nice for them to have a good working relationship with those 
folks who are responsible for issuing the permits, but I think we need 
to take a closer look at how we got ourselves into this situation.
  What brings us to this day when we've expended the emergency fund for 
cleanup that we have to take an emergency step like this?
  Now, I support this measure, but I'm telling you that every penny 
needs to be paid back. This fund, this Oil Spill Liability Trust Fund 
that was put in place, shall not and cannot be used, as I said before, 
as a piggy bank for BP or for any responsible parties.
  Where is the money? Where is the billing?
  In the private sector, if you have a bill due, you pay it. As of 
yesterday, the staff told me that BP has been billed $69 million. As of 
yesterday, the information that we had is that they hadn't paid the 
bill. If they paid the bill, we still probably would have to be here 
because of the terms of the current legislation to allow access to 
additional money, but that money needs to go back into the trust fund, 
and it needs to be paid for by the responsible parties.

         Executive Office of the President, Office of Management 
           and Budget,
                                     Washington, DC, June 7, 2010.
     Hon. Nancy Pelosi,
     Speaker of the House of Representatives, Washington, DC.
       Dear Madam Speaker: I am writing to urge the Congress to 
     move quickly in enacting the FY 2010 Supplemental request. On 
     June 4, 2010, Secretary Napolitano announced that the Coast 
     Guard believes that within the next two weeks funding levels 
     in the Oil Spill Liability Trust Fund's expenditure account 
     will drop to levels that will force the Federal On-Scene 
     Coordinator to begin to cut back Federal Deepwater Horizon 
     response activities. We cannot allow the lack of funding to 
     hamstring our Federal response to this national catastrophe.
       On May 12, the Administration proposed legislation to 
     support the BP/Deepwater Horizon response and speed 
     assistance to people in need. Included in this package was a 
     provision that would permit the Coast Guard and its National 
     Pollution Funds Center to move funds from the Oil Spill 
     Liability Trust Fund to the Emergency Fund so that the 
     Federal response effort can continue without interruption. 
     Specifically, the legislative changes would permit the Coast 
     Guard to obtain additional advances in tranches of $100 
     million up to the incident cap for the Oil Spill Liability 
     Trust Fund. All of these costs are being billed to the 
     responsible parties and the receipts will be deposited in the 
     Trust Fund.
       The President has ordered Federal agencies to bring all 
     available and appropriate resources to bear in response to 
     this disaster. Without legislative authorization, however, 
     the Coast Guard cannot access the additional emergency fund 
     resources necessary to pay for the Federal agencies' response 
     to this tragic oil spill.
       We appreciate your support in moving this critical 
     legislation forward in the coming days.
           Sincerely,
                                                  Peter R. Orszag,
                                                         Director.

  I reserve the balance of my time.
  Mr. OBERSTAR. I yield myself 1 minute.
  I completely agree with the gentleman. As the gentleman from Florida 
and I discussed in our hearing yesterday, the purpose of the trust fund 
is not to relieve anyone of responsibility.
  I was part of crafting that legislation in 1990 and its predecessors. 
It was clearly our intent that this should be a fund to give the 
government the authority to move quickly, to get on the scene, to begin 
cleanup before industry responds, to bill the industry in order to make 
them pay into the trust fund, and to keep the industry responsible.

[[Page 10475]]

  Secondly, the gentleman included orphan sites in his commentary. The 
legislation is not exclusively limited to orphan sites.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBERSTAR. I yield myself an additional minute.
  An orphan site is one of the issues to be addressed, as we do under 
the Superfund Act. Yet the order of priority for response under the 
law, its first responsibility, is for the responsible party to act to 
the limit of its liability under the Oil Spill Act. We have to address 
that limit of liability. The hearing yesterday explored the range of 
dollar amounts of liability from the current $75 million to some 
greater number, including unlimited liability. That is something we are 
going to have to discuss in committee.
  So far, BP has, as the responsible party, spent $1 billion, and they 
are responding. Yesterday, when I made the announcement at our 
committee hearing that the Coast Guard had billed BP for $69 million, 
we still do not have a response on what the status is of repayment by 
BP into the trust fund, but we will have that information.
  Thirdly, I agree with the gentleman that the trust fund is not a 
piggy bank for BP.
  The SPEAKER pro tempore. The time of the gentleman has again expired.
  Mr. OBERSTAR. I yield myself an additional minute.
  We are going to hold them accountable. The Coast Guard will hold them 
accountable. I do want to point out that the emergency fund is an 
account within the Oil Spill Liability Trust Fund. It is not a separate 
fund of its own.
  Further, as the gentleman was critical of the administration's budget 
and properly said this is bipartisan criticism, our committee budget, 
in response to that of the administration, rejected their proposed cuts 
for the Coast Guard. We understand there is no daylight between us.
  The SPEAKER pro tempore. The time of the gentleman has again expired.
  Mr. OBERSTAR. I yield myself an additional 30 seconds.
  I would also point out that the previous administration of 2005, six, 
seven, and eight approved 4,120 offshore leases, including for this 
particular MMS lease sale--or 206--an exemption from a ``blow-out 
scenario requirement'' for Outer Continental Shelf actions in the gulf. 
BP's exploration plan for Deepwater Horizon did not therefore include 
an analysis or a response plan for a blow-out at the wellhead.
  Now I yield 3 minutes to the chair of the Coast Guard Subcommittee, 
the gentleman from Maryland (Mr. Cummings).
  Mr. CUMMINGS. Thank you for yielding, Mr. Chairman.
  Mr. Speaker, first of all, in following up on what the chairman just 
spoke about, we just got an email from the Coast Guard saying that BP 
has assured them that the near $70 million for which they have been 
billed will be paid by the end of next week, and we will hold their 
feet to the fire.
  As chairman of the Subcommittee on the Coast Guard and Maritime 
Transportation, I rise today in strong support of S. 3473, legislation 
to amend the Oil Pollution Act of 1990 to authorize advances from the 
Oil Spill Liability Trust Fund for the response to the Deepwater 
Horizon oil spill.
  The Oil Spill Liability Trust Fund consists of two funds--the 
principal fund and an emergency fund. As was described yesterday by Mr. 
Craig Bennett, director of the National Pollution Funds Center, the 
emergency fund is, in essence, the operating fund from which we take 
the money necessary to pay for the operations of the 27 Federal 
entities that are responding to the Deepwater Horizon crisis. On May 3, 
the emergency fund received an authorized advance of $100 million. 
There is currently no statutory authority for any more advances to be 
made. Furthermore, as of June 1, obligations from the fund totaled $93 
million.
  We cannot allow the fund to go dry. This legislation simply 
authorizes additional advances of up to $100 million per advance. 
Nothing in this legislation relieves BP of its responsibility to cover 
all of the costs which have and which will continue to result from this 
tragedy.
  I emphasize to our distinguished ranking member that I don't think 
there is one person in this body, either on your side or on this side, 
who is not adamant about making sure that BP pays every single penny--
not dime--but every single penny that is due to the American people. 
However, based on the way the fund is currently established, it is 
necessary to authorize additional funds today in order to ensure that 
Federal response efforts are not interrupted.
  I have already made two trips to the gulf coast, and I hope to make 
another one. I have seen firsthand the devastation caused by this 
spill. We cannot allow anything to threaten our ongoing cleanup 
efforts. Therefore, I urge my colleagues to join us in the passing of 
S. 3473.
  I also would note, Mr. Speaker, that this allows us to act with the 
urgency of now to address these issues. We have windows of opportunity 
within which we can act and can get things done. We can get them done. 
We will get our money back, but the fact is that we have got to act now 
because there are people suffering, not only in Louisiana, but, 
certainly, in the ranking member's State and in so many other places.

                              {time}  1100

  And so, with that, I want to thank the chairman and the ranking 
member for expeditiously getting this bill to the floor so that we can 
address the needs of our people.
  Mr. MICA. Mr. Speaker, I yield 3 minutes to the gentleman from 
Louisiana (Mr. Cao), also a member of the Transportation and 
Infrastructure Committee.
  Mr. CAO. Mr. Speaker, right after the oil spill, I had the 
opportunity to fly over the spill at ground zero, and as I flew over 
the gulf, I saw thousands of square miles of our beautiful waters being 
covered by this brown sludge and additional thousands of square miles 
of our beautiful gulf was covered by this oily slick.
  I also toured by boat just a couple of weeks ago with the officials 
of Plaquemines Parish as well as Jefferson Parish, and as I was 
traveling through Barataria Bay, I saw patches of brown oil infringing 
on the oyster beds that are so integral to the seafood industry of 
Louisiana. And as I saw the oil as it encroaches upon the marshes and 
the wetlands, my heart dropped for the State of Louisiana as well as 
for the many fishermen and the many small businesses that are impacted 
by this catastrophe.
  I also spent much of my time visiting businesses and talking to small 
business owners who are being impacted by this oil spill. I visited a 
seafood open market in Westwego and saw half of the businesses closed, 
and the parking lot remained empty. And I spoke to the business owners, 
and they informed me that their business has declined by more than half 
since the oil spill. And instead of being open for 5 days out of the 
week, 6 days out of the week, they are only open now 2 days out of the 
week.
  So we see that the oil spill has had a devastating impact on the many 
people of the gulf coast and the many small businesses of the people of 
my district. Therefore, I believe that it is integral that we allow the 
money from the trust fund to be transferred to allow the Coast Guard 
the necessary resources to address the cleaning up of this oil spill.
  We saw an absence of Federal Government post-Katrina. We saw how 
thousands of people struggled post-Katrina because of the absence of 
government, and I do not want the same problem to occur here with 
respect to this disaster caused by this oil spill. Therefore, I ask all 
of the Members to support this position.
  Mr. OBERSTAR. I yield 2 minutes to the distinguished gentleman from 
New Jersey (Mr. Holt).
  Mr. HOLT. Mr. Speaker, I thank the chairman, the distinguished 
gentleman from Minnesota, for the time and also for dealing promptly 
with this legislation.

[[Page 10476]]

  There is a more than $1.5 billion today in the trust fund, but the 
Coast Guard and the other government agencies cannot access that 
because of existing limits on the per incident expenses and because of 
the cap on using this for natural resources and economic damages.
  The trust fund exists so that we can get on with the work at hand, 
and I'm pleased that the chairman and the ranking member are moving 
promptly to give the administration the tools that they need to deal 
with this. There is work to be done, and it must be done quickly. This 
will take care of immediate expenditures.
  We have also dealt with, here in the House, increasing the total 
capacity of the trust fund, and we must rapidly build up those 
collections from the oil companies in that trust fund. And then, of 
course, we must recover from BP and the other responsible parties the 
money that is used from the trust fund.
  So spending this money now, and I hope the chairman has been clear 
for our colleagues, spending that money now does not absolve BP of any 
responsibility. It just allows the work to get on, and the funds will 
be collected from BP.
  Also, because this only deals with the immediate incident, there is 
still a need to, I would argue, pass the Big Oil Bailout Prevention 
Act, or something of the sort that I've introduced along with a number 
of cosponsors, to deal with this long term, to raise the liability 
limit so that we can collect everything that is necessary from oil 
companies.
  Mr. MICA. I yield 2\1/2\ minutes to the distinguished gentleman from 
North Carolina (Mr. Coble), also a senior member of the T and I 
Committee.
  Mr. COBLE. Mr. Speaker, I rise in support of S. 3473. This 
legislation is absolutely critical to continue our oil spill response 
efforts in the Gulf of Mexico.
  The Coast Guard and other agencies involved in the response to the 
Deepwater Horizon oil spill are spending tremendous amounts of time and 
effort ensuring every tangible resource is available to meet this 
response. By passing this legislation, we ensure that the Coast Guard 
can maintain these valiant efforts, while simultaneously ensuring other 
important missions are met, including maritime safety, security, 
defense, search and rescue efforts, mobility, and preparedness. As 
America's maritime guardian. The Coast Guard is always ready, and this 
legislation ensures this goal can continue to be met.
  Finally, Mr. Speaker, it is important to note that the oil spill 
trust fund is funded by the petroleum industry and not the taxpayers.
  I urge passage.
  Mr. OBERSTAR. I reserve the balance of my time.
  Mr. MICA. Well, Mr. Speaker, I will summarize for our side.
  First of all, again, this is an emergency situation. We have to act, 
we must act, and we will act. Let me make it clear, and I'm glad 
everyone on the other side has made it very clear, that BP's feet will 
be held to the fire to repay this money.
  Now, it's good to come out here and hear that BP has called the other 
side and told them that they're going to pay, the check is in the mail, 
and that's all well, fine, and good. But I'd be glad to send somebody 
down to OMB and show them how they can send a rapid request for payment 
to BP as this thing moved forward because, again, the taxpayer 
shouldn't be left on the hook nor should this fund be left on the hook 
in any way for responsibility for this cleanup.
  Finally, just a couple of points. It was mentioned that the Bush 
administration gave 4,200 leases--I think that was the figure--and that 
is true. It's also true, and the Democrat staff did an excellent job--I 
complimented them yesterday--in getting a list of the current drilling 
and production activities in the Gulf of Mexico, and I'll submit this 
to the Record. But if you look, there are about 3,500, 3,492 wells in 
relatively shallow water, 200 meters, about 600 feet up to the surface. 
There are only 25 a thousand meters below.
  The Obama administration, coming into office, issued--these are 
deepwater, 1,000 feet to 8,000 feet--more than two dozen. We'll also 
submit that to the Record.
  Now, if they knew this was a management problem in the Minerals 
Management Service, and I just cited the Bush administration 
investigated that agency for 2 years and conducted a very thorough 
review of what was going on, they must have known there was a 
management problem when they inherited it.
  Instead, what did they do? Faster than BP can pay their bill, they 
took the proposal from BP in deepwater, some of the deepest water 
drill--here are the number of ones that the committee found that 
there's deepwater drilling in--and they carte blanche, rubber-stamped 
approval of this outline that BP gave them. One page, April 6. Those 
are the facts.

                            DRILLING AND PRODUCTION ACTIVITIES IN THE GULF OF MEXICO
----------------------------------------------------------------------------------------------------------------
                                                                                         Approved
                       Water depth in meters                          Active leases    applications     Active
                                                                                         to drill     platforms
----------------------------------------------------------------------------------------------------------------
0-200.............................................................              2,279        33,590        3,492
201-400...........................................................                143         1,099           21
401-800...........................................................                330           835            9
801-1,000.........................................................                412           506            7
1,000 and above...................................................              3,454         1,634           25
                                                                   ---------------------------------------------
    Total.........................................................              6,618        37,664        3,554
----------------------------------------------------------------------------------------------------------------
Source: MMS, current as of June 1, 2010

  I yield back the balance of my time.
  Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the distinguished 
gentlewoman from Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE of Texas. Mr. Oberstar, thank you for your 
leadership. Chairman Cummings, as well, thank you for your leadership.
  The Coast Guard is poised in the gulf working overtime, waiting for 
this drawdown, which is a reimbursable drawdown. But we have to do 
something now. We have to do something for the shrimpers, the 
fishermen, the oystermen, the restaurants. We have to do something for 
the people who are bleeding and need our help.
  This is a BP problem, but it is an oil industry problem. We have to 
see them rise to the occasion, to develop a better claims system, to 
develop a recovery plan. But right now, the Coast Guard, as told to us 
in a meeting with them last week with Chairman Cummings and Chairwoman 
Brown, they need the money now. This is an important step.
  We can go back and look at the noes, but we've got to say yes today. 
Vote for this legislation.
  I also wish to thank Senator Reid for introducing this very important 
piece of legislation in such a timely manner. Today, I rise in support 
of S. 3473, an amendment that would authorize advances from the Oil 
Spill Liability Trust Fund as created by the Oil Pollution Act of 1990.
  BP is dragging its heels on the oil spill cleanup. The sooner we can 
get the wheels turning on the cleanup, the sooner we can make families 
whole again and ensure a safe environment for the Americans that had to 
bear the brunt of this disaster of mammoth proportions. Releasing some 
of the funds from the aforementioned trust will allow individuals to be 
able to support themselves in their Gulf-based industry. Just yesterday 
I testified before the House Transportation and Infrastructure 
Committee and proposed legislation that would allow for the release of 
100 million dollars from the Oil Spill Liability Trust Fund.
  The sooner we address the problem, the more likely we are to prevent 
more extensive damage. It has been well noted that BP's efforts alone 
will not suffice. As members of Congress, we must do everything we can 
to address and resolve this crisis in the most expedient manner, and 
releasing these funds will allow for a more efficient response.
  This amendment would provide a much-needed source of recourse and 
restitution for those victimized by this environmental disaster of 
massive proportions, caused by the April 20, 2010 explosion on the 
Deepwater Horizon oil vessel. It will also provide an avenue for 
accountability, which should be assigned, appropriately, to the parties 
responsible for imposing such suffering on the residents of the Gulf 
Coast area.
  We are all very much aware of the hardship that has been inflicted 
upon the people in the Gulf Coast region. The oil, gushing at a rate of 
at least 12,000 to 19,000 barrels a day, has now spread over 42 miles 
beyond the spill site, 3,300 miles beneath the surface of the ocean. In 
its most concentrated areas, oil plumes created by the spill are 
sometimes over 15 miles long and 1,500 feet thick, depths below the 
water. This does not even account for the immense volume of oil which

[[Page 10477]]

is less concentrated, but still very much diluted with the water of the 
Gulf Coast.
  The immediate effects of the spill are being felt as far west as 
Houma, Louisiana, and as far east as the Apalachicola Bay in Florida. 
Not only have there been serious environmental effects, but marine 
wildlife has been seriously impeded by the developments. Fishermen and 
workers in related industries are being deprived of their very source 
of income and livelihood. Even further, there are health effects 
resulting from the disaster that are increasing in number, daily.
  According to a recent CNN article, there have been 71 reported cases 
of oil disaster related health problems ranging anywhere from headaches 
and coughing to more serious ailments. Additionally, the oil has 
reached shorelines across the coast, and is affecting beaches and their 
patrons.
  It is imperative not only that the victims and potential claimants be 
afforded a source of recourse for the significant interruption of their 
way of life, but that the remedy process be made available in a timely 
fashion, as the effects of the oil spill are being compounded every 
day.
  The Oil Pollution Act of 1990, adopted in response to the Exxon 
Valdez Alaska oil spill in 1989, governs the claims process associated 
with the British Petroleum disaster. According to the Act, any party 
liable for any threat or actual discharge of oil from a vessel or 
facility to navigable waters, adjoining shorelines, or the exclusive 
economic zone of the United States, is responsible for all cleanup 
costs incurred. Additionally, claimants may recover damages for injury 
to natural resources, loss of personal property, economic losses, and 
loss of subsistence use of natural resources. However, the Act caps 
economic damages at $75 million from the party or parties responsible 
for an oil spill.
  Seventy five million dollars is simply insufficient to compensate the 
victims of such a massive disaster. The law was passed in light of the 
Exxon Valdez oil spill. That spill was considered to be one of the 
largest environmental disasters in history, and involved the 
disgorgement of at least 10.8 million gallons of crude oil into Alaska 
waters.
  I urge my colleagues to support this bill.
  Mr. OBERSTAR. I yield myself the balance of my time.
  Again, I'm greatly appreciative of the partnership in our committee 
with the gentleman from Florida and for working so expeditiously under 
minimal notice that both of us had to bring this unexpected but welcome 
legislation from the other body so quickly to the floor. I would hope 
that this and other measures that we will enact will be seen as a 
testimonial to the victims of that explosion on the Deepwater Horizon.
  And as the gentleman from Florida said, I join him in commending the 
President for welcoming the families and consoling with them, and join 
in assurances to those families that Congress will continue to do 
everything right so that their lives will not have been lost in vain.
  Madam Speaker, I ask unanimous consent to extend the debate time by 5 
minutes on each side.
  The SPEAKER pro tempore (Ms. Jackson Lee of Texas). Is there 
objection to the request of the gentleman from Minnesota?
  There was no objection.
  Mr. OBERSTAR. The purpose for this request is that we may resolve a 
technical problem that the Senate notified us of in the drafting of the 
language of the bill and in the reference to the appropriate section of 
the Internal Revenue Code, and we need to spend just a few minutes and 
get the parliamentary language correct, and that will take a few more 
minutes to resolve.
  I ask the gentleman from Florida to designate his staff to 
participate with ours and with the Parliamentarian in assuring that we 
have the language properly crafted.

                              {time}  1115

  Mr. MICA. Will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Florida.
  Mr. MICA. Well, maybe you could explain, for the benefit of this side 
of the aisle in the House, what the changes would be.
  I did have several changes that I would have liked to have addressed. 
I believe this particular legislation just deals with this spill. I 
would have hoped that we could have modified this so that, in the 
future, we wouldn't have to come back on an individual-spill basis to 
do what we are doing here today.
  And also, because this is a unique circumstance, we have not found 
ourselves in this situation before, we could make some additional 
changes to the measure that would, in fact, sort of, clean up the 
statute.
  But, again, I am not sure what particular parliamentary or minor 
technical changes the majority is prepared to make in the legislation 
at this time. We do want to be agreeable and move the process forward. 
Maybe, now, with those questions, you might respond.
  Mr. OBERSTAR. Certainly. And I thank the gentleman. And I share that 
concern.
  In the hearing yesterday, I made it very clear that the committee 
would move forward with the broader changes that the gentleman just 
discussed, Madam Speaker, so that the Coast Guard will have authority 
to draw larger sums, in hundred-million-dollar increments, with proper 
notification to Congress, without having to come back and legislate 
each time.
  But that is beyond the scope of the pending bill. And the technical 
changes notified to us are of a truly technical nature. Expanding into 
the broader question that we are now discussing would require new 
legislation.
  And I commit to the gentleman that that will be part of our 
bipartisan work in committee, and we will craft the appropriate 
language.
  Mr. MICA. I thank the gentleman.
  Mr. OBERSTAR. I yield 2 minutes to the distinguished gentleman from 
Florida (Mr. Boyd).
  Mr. BOYD. Madam Speaker, I thank my friend, the gentleman from 
Minnesota.
  Madam Speaker, BP's failure to have a responsible plan in place to 
deal with the effects of this oil spill obviously has caused untold 
harm to our coastal communities and the men and women on our gulf 
coast, many of which I represent.
  More needs to be done at every level to respond to this crisis. But 
one thing we will not tolerate is for there to be any disruption to the 
ongoing cleanup and containment efforts currently under way in the 
gulf, which is why I stand before you today in full support of S. 3473.
  This bill ensures that the men and women fighting to contain this 
disaster have all the resources they need to continue their important 
work. Under this bill, the Federal Government will provide advance 
funding to sustain and support the cleanup and containment efforts 
currently under way.
  But make no mistake: BP will be the ultimate financier. And they can 
count on receiving a bill once the total cost is in.
  At the same time, while we are working to contain this crisis, we 
also must take steps to ensure this terrible situation does not become 
worse. Last week, Madam Speaker, I sent a letter to the President, 
urging his administration to develop a plan in case a tropical storm or 
hurricane hits the gulf coast, and it will.
  The gulf region has weathered hurricanes in the past, but the 
presence of oil in our waters creates a number of unknown 
circumstances. And we need to be proactive in our efforts to protect 
our communities from a storm.
  That is why next week I will convene the Joint Oil Spill-Hurricane 
Planning Conference to develop a comprehensive hurricane preparedness 
and recovery plan for north Florida. The conference will bring together 
local, State, and Federal officials and key stakeholders to develop a 
comprehensive and coordinated plan that identifies what actions need to 
be taken before, during, and after a possible storm.
  We are clearly in uncharted waters, Madam Speaker, but that is no 
excuse for us failing to take action now against a threat that we know 
will strike sooner or later. We must begin planning now for this 
possibility.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBERSTAR. I yield the gentleman an additional 20 seconds.
  The SPEAKER pro tempore. The time of the gentleman from Minnesota has 
expired.
  Mr. MICA. I yield the gentleman from Florida, my colleague from 
Florida, 30 seconds of my time.

[[Page 10478]]


  Mr. BOYD. I thank my colleague, Mr. Mica, for yielding.
  Madam Speaker, we must begin planning now for this possibility of a 
hurricane hitting the gulf coast and what effect the oil spill, what 
additional damage that will cause. We must ensure the current cleanup 
and containment efforts under way are able to continue unabated.
  Madam Speaker, I urge support for S. 3473.
  Mr. MICA. Madam Speaker, I guess as we conclude the extended time of 
debate on this measure to again revise some of the provisions of the 
emergency portion, $150 million emergency fund within the $1.6 billion 
Oil Liability Trust Fund, I understand that there has been identified a 
minor technical glitch in the legislation as it came from the other 
body.
  As a great American, former United States Senator Bob Dole, he used 
to say that his body, the U.S. Senate, is a great place if you like to 
see paint dry and grass grow, as far as the speed in which things are 
done.
  However, here they have acted with due diligence and great speed and, 
in that speed, have made a minor technical error. And I am not going to 
tell anyone about it. And because this is a situation in which we must 
proceed on an emergency basis, I am going to overlook it, in fairness.
  I would also like to yield to the gentleman, our honorable chairman 
of the T&I Committee, my partner, Mr. Oberstar.
  Mr. OBERSTAR. Madam Speaker, I thank the distinguished gentleman for 
yielding.
  We have agreed that the technical issue raised by representatives of 
the other body is of a nature that can be resolved by the 
administration upon passage of this bill. It is better for us to pass 
this bill now to address the substantive issue, release of funds from 
the Oil Spill Liability Trust Fund, and not delay progress in cleanup.
  For that reason, we will pass the bill intact and let the 
administration deal with whatever issue comes up. Should any additional 
change be necessary of a technical nature, it can be dealt with at a 
later time.
  I thank the gentleman for his understanding, for his patience, and 
for yielding me the time.

         Executive Office of the President, Office of Management 
           and Budget,
                                     Washington, DC, June 7, 2010.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: I am writing to urge the Congress to 
     move quickly in enacting the FY 2010 Supplemental request. On 
     June 4, 2010, Secretary Napolitano announced that the Coast 
     Guard believes that within the next two weeks funding levels 
     in the Oil Spill Liability Trust Fund's expenditure account 
     will drop to levels that will force the Federal On-Scene 
     Coordinator to begin to cut back Federal Deepwater Horizon 
     response activities. We cannot allow the lack of funding to 
     hamstring our Federal response to this national catastrophe.
       On May 12, the Administration proposed legislation to 
     support the BP/Deepwater Horizon response and speed 
     assistance to people in need. Included in this package was a 
     provision that would permit the Coast Guard and its National 
     Pollution Funds Center to move funds from the Oil Spill 
     Liability Trust Fund to the Emergency Fund so that the 
     Federal response effort can continue without interruption. 
     Specifically, the legislative changes would permit the Coast 
     Guard to obtain additional advances in tranches of $100 
     million up to the incident cap for the Oil Spill Liability 
     Trust Fund. All of these costs are being billed to the 
     responsible parties and the receipts will be deposited in the 
     Trust Fund.
       The President has ordered Federal agencies to bring all 
     available and appropriate resources to bear in response to 
     this disaster. Without legislative authorization, however, 
     the Coast Guard cannot access the additional emergency fund 
     resources necessary to pay for the Federal agencies' response 
     to this tragic oil spill.
       We appreciate your support in moving this critical 
     legislation forward in the coming days.
           Sincerely,
                                                  Peter R. Orszag,
     Director.
                                  ____


           Timeline for Approvals of Deepwater Horizon Lease

       1986: MMS issues a list of categories of activities 
     excluded from further review under NEPA within the Department 
     of the Interior's ``Department Manual.''
       May 27, 2004: The Bush Administration extends process by 
     which MMS manages the NEPA process for offshore lease sales, 
     including issuance of ``categorical exclusions.''
       April 2007: MMS issues a Multistate environmental impact 
     statement (EIS) for a proposed 5-year lease on the Outer 
     Continental Shelf (OCS) that estimated a likelihood of 3 
     spills from platform drilling in deepwater that would produce 
     approximately 1,500 barrels for each spill. As a result, the 
     assessed impacts from oil spills under the 5-year lease were 
     described as minimal. No extrapolation or hypothesis for what 
     would happen if the spill were larger.
       October 22, 2007: MMS issues its Environmental Assessment 
     of the Proposed Gulf of Mexico OCS Oil and Gas Lease Sale 
     206, Central Planning Area. MMS estimated, based on 
     historical data, that the probability of an offshore oil 
     spill greater than 1,000 barrels reaching an environmentally 
     sensitive resource was small. Accordingly, MMS finds that a 
     supplemental EIS is not required and issues a FONNSI (Finding 
     of No New Significant Impact)--over that assessed in the 
     Multistate EIS for the 5-year lease on the OCS.
       March 2008: BP purchased rights to drill for oil at MMS 
     lease sale 206.
       May 2008: MMS issues an exemption from a ``blowout scenario 
     requirement'': for OCS actions in the Gulf (Notice to Lessee 
     2008). Accordingly, BP's exploration plan for the Deepwater 
     Horizon site did not include an analysis or response plan for 
     a blowout of the wellhead.
       March 10, 2009: BP filed a 52-page exploration and 
     environmental impact plan for the Macondo well, located in 
     the Mississippi Canyon Block 252 of the Gulf, with MMS. This 
     plan stated that it was ``unlikely that an accidental surface 
     or subsurface oil spill would occur from the proposed 
     activities.'' In the plan, the company further asserted that 
     if there was a spill, ``due to the distance to shore (48 
     miles) and the response capabilities that would be 
     implemented, no significant adverse impacts are expected.'' 
     Pursuant to 43 U.S.C. Sec. 1340, MMS is required to approve 
     the BP exploration plan within 30 days of submission.
       April 6, 2009: MMS approves BP exploration plan, with a 
     categorical exclusion from NEPA, because the falls within the 
     2004 list of potential ``categorical exclusions.'' Because of 
     the categorical exclusion, the additional environmental 
     impacts for a worst case scenario were not evaluated.

  Mr. MICA. Reclaiming the time, also keep in mind the time that I 
yielded to the other side when they ran out of time, Madam Speaker.
  The SPEAKER pro tempore. The gentleman has 2 minutes remaining.
  Mr. MICA. But to conclude debate, again, I thank everyone for this 
bipartisan effort. Even though, again, we have a minor technical 
glitch, we want to move the legislation forward; so I urge my 
colleagues to pass the measure.
  Mr. McMAHON. I rise today in strong support of S. 3473. Since Day 1 
of this disaster the Administration has brought all resources to bear 
to address ensure that damage to the environment, wildlife, and public 
health of the Gulf Region was as limited as possible.
  In particular the United States Coast Guard has done outstanding 
work. As Vice Chair of the Coast Guard Subcommittee I know how hard the 
men and women of the Coast Guard have been working to contain this 
disaster. Led by Admiral Thad Allen, who has taken charge of federal 
on-the-ground response as National Incident Commander, the men and 
women of the Coast Guard are on the frontlines and deserve our 
gratitude and support.
  This legislation is critical to maintaining continuity in the federal 
government's response. It amends current law to allow the 
administration to take multiple advances of up to $100 million from the 
Oil Spill Liability Trust Fund. Without passage of S. 3473, the Coast 
Guard could run out of funding for cleanup and prevention as early as 
next week. This cannot be allowed to happen. I urge all of my 
colleagues to support this straightforward, common-sense legislation. 
It is the least we can do at the moment to help ongoing efforts to help 
the people of the Gulf region.
  Mr. MICA. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota (Mr. Oberstar) that the House suspend the 
rules and pass the bill, S. 3473.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CUMMINGS. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further

[[Page 10479]]

proceedings on this motion will be postponed.

                          ____________________




                         FHA REFORM ACT OF 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 1424 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the further consideration of the bill, 
H.R. 5072.

                              {time}  1125


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill (H.R. 5072) to improve the financial safety and soundness of 
the FHA mortgage insurance program, with Mr. Pastor of Arizona in the 
chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Wednesday 
June 9, 2010, all time for general debate had expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in the bill shall be considered as an original bill for the 
purpose of amendment under the 5-minute rule and shall be considered 
read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

                               H.R. 5072

       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 ``FHA Reform Act of 2010''.

     SEC. 2. MORTGAGE INSURANCE PREMIUMS.

       Subparagraph (B) of section 203(c)(2) of the National 
     Housing Act (12 U.S.C. 1709(c)(2)(B)) is amended--
       (1) in the matter preceding clause (i)--
       (A) by striking ``shall'' and inserting ``may''; and
       (B) by striking ``0.50 percent'' and inserting ``1.5 
     percent''; and
       (2) in clause (ii), by striking ``shall be in an amount not 
     exceeding 0.55 percent'' and inserting ``may be in an amount 
     not exceeding 1.55 percent''.

     SEC. 3. INDEMNIFICATION BY MORTGAGEES.

       Section 202 of the National Housing Act (12 U.S.C. 1708) is 
     amended by adding at the end the following new subsection:
       ``(i) Indemnification by Mortgagees.--
       ``(1) In general.--If the Secretary determines that a 
     mortgage executed by a mortgagee approved by the Secretary 
     under the direct endorsement program or insured by a 
     mortgagee pursuant to the delegation of authority under 
     section 256 was not originated or underwritten in accordance 
     with the requirements established by the Secretary, and the 
     Secretary pays an insurance claim with respect to the 
     mortgage within a reasonable period specified by the 
     Secretary, the Secretary may require the mortgagee approved 
     by the Secretary under the direct endorsement program or the 
     mortgagee delegated authority under section 256 to indemnify 
     the Secretary for the loss.
       ``(2) Fraud or misrepresentation.--If fraud or 
     misrepresentation was involved in connection with the 
     origination or underwriting, the Secretary may require the 
     mortgagee approved by the Secretary under the direct 
     endorsement program or the mortgagee delegated authority 
     under section 256 to indemnify the Secretary for the loss 
     regardless of when an insurance claim is paid.
       ``(3) Requirements and procedures.--The Secretary shall 
     issue regulations establishing appropriate requirements and 
     procedures governing the indemnification of the Secretary by 
     the mortgagee.''.

     SEC. 4. DELEGATION OF INSURING AUTHORITY.

       Section 256 of the National Housing Act (12 U.S.C. 1715z-
     21) is amended--
       (1) by striking subsection (c);
       (2) in subsection (e), by striking ``, including'' and all 
     that follows through ``by the mortgagee''; and
       (3) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.

     SEC. 5. AUTHORITY TO TERMINATE MORTGAGEE ORIGINATION AND 
                   UNDERWRITING APPROVAL.

       Section 533 of the National Housing Act (12 U.S.C. 1735f-
     11) is amended--
       (1) in the first sentence of subsection (b), by inserting 
     ``or areas or on a nationwide basis'' after ``area'' each 
     place such term appears; and
       (2) in subsection (c), by striking ``(c)'' and all that 
     follows through ``The Secretary'' in the first sentence of 
     paragraph (2) and inserting the following:
       ``(c) Termination of Mortgagee Origination and Underwriting 
     Approval.--
       ``(1) Termination authority.--If the Secretary determines, 
     under the comparison provided in subsection (b), that a 
     mortgagee has a rate of early defaults and claims that is 
     excessive, the Secretary may terminate the approval of the 
     mortgagee to originate or underwrite single family mortgages 
     for any area, or areas, or on a nationwide basis, 
     notwithstanding section 202(c) of this Act.
       ``(2) Procedure.--The Secretary''.

     SEC. 6. DEPUTY ASSISTANT SECRETARY OF FHA FOR RISK MANAGEMENT 
                   AND REGULATORY AFFAIRS.

       (a) Establishment of Position.--Subsection (b) of section 4 
     of the Department of Housing and Urban Development Act (42 
     U.S.C. 3533(b)) is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) There shall be in the Department, within the Federal 
     Housing Administration, a Deputy Assistant Secretary for Risk 
     Management and Regulatory Affairs, who shall be appointed by 
     the Secretary and shall be responsible to the Federal Housing 
     Commissioner for all matters relating to managing and 
     mitigating risk to the mortgage insurance funds of the 
     Department and ensuring the performance of mortgages insured 
     by the Department.''.
       (b) Termination.--Upon the appointment and confirmation of 
     the initial Deputy Assistant Secretary for Risk Management 
     and Regulatory Affairs pursuant to section 4(b)(2) of the 
     Department of Housing and Urban Development Act, as amended 
     by subsection (a) of this section, the position of chief risk 
     officer within the Federal Housing Administration, filled by 
     appointment by the Federal Housing Commissioner, is 
     abolished.

     SEC. 7. USE OF OUTSIDE CREDIT RISK ANALYSIS SOURCES.

       Section 202 of the National Housing Act (12 U.S.C. 1708), 
     as amended by the preceding provisions of this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(j) Use of Outside Credit Risk Analysis Sources.--The 
     Secretary may obtain the services of, and enter into 
     contracts with, private and other entities outside of the 
     Department in--
       ``(1) analyzing credit risk models and practices employed 
     by the Department in connection with such mortgages;
       ``(2) evaluating underwriting standards applicable to such 
     mortgages insured by the Department; and
       ``(3) analyzing the performance of lenders in complying 
     with, and the Department in enforcing, such underwriting 
     standards.''.

     SEC. 8. REVIEW OF MORTGAGEE PERFORMANCE.

       Section 533 of the National Housing Act (12 U.S.C. 1735f-
     11) is amended--
       (1) in subsection (a), by inserting after the period at the 
     end the following: ``For purposes of this subsection, the 
     term `early default' means a default that occurs within 24 
     months after a mortgage is originated or such alternative 
     appropriate period as the Secretary shall establish.'';
       (2) in subsection (b), by inserting after the period at the 
     end of the first sentence the following: ``The Secretary 
     shall also identify which mortgagees have had a significant 
     or rapid increase, as determined by the Secretary, in the 
     number or percentage of early defaults and claims on such 
     mortgages, with respect to all mortgages originated by the 
     mortgagee or mortgages on housing located in any particular 
     geographic area or areas.''; and
       (3) by adding at the end the following new subsections:
       ``(d) Sufficient Resources.--There is authorized to be 
     appropriated to the Secretary for each of fiscal years 2010 
     through 2014 the amount necessary to provide additional full-
     time equivalent positions for the Department, or for entering 
     into such contracts as are necessary, to conduct reviews in 
     accordance with the requirements of this section and to carry 
     out other responsibilities relating to ensuring the safety 
     and soundness of the Mutual Mortgage Insurance Fund.
       ``(e) Reporting to Congress.--Not later than 90 days after 
     the date of enactment of the FHA Reform Act of 2010 and not 
     less often than annually thereafter, the Secretary shall make 
     available to the Committee on Financial Services of the House 
     of Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate any information and conclusions 
     pursuant to the reviews required under subsection (a). Such 
     report shall not include detailed information on the 
     performance of individual mortgages.''.

     SEC. 9. USE OF NATIONWIDE MORTGAGE LICENSING SYSTEM AND 
                   REGISTRY.

       (a) Use by Mortgagees, Officers, and Owners; Use for 
     Insured Mortgages.--
       (1) Mortgagees, officers, and owners.--Section 202 of the 
     National Housing Act (12 U.S.C. 1708), as amended by the 
     preceding provisions of this Act, is further amended by 
     adding at the end the following new subsections:
       ``(k) Use of Nationwide Mortgage Licensing System and 
     Registry for Mortgagees, Officers, and Owners.--The Secretary 
     may require, as a condition for approval of a mortgagee by 
     the Secretary to originate or underwrite mortgages on single 
     family that are insured by the Secretary, that the 
     mortgagee--
       ``(1) obtain and maintain a unique company identifier 
     assigned by the Nationwide Mortgage Licensing System and 
     Registry, as established by the Conference of State Bank 
     Supervisors and the American Association of Residential 
     Mortgage Regulators; and
       ``(2) obtain and maintain, as relates to any and all 
     officers or owners of the mortgagee who are subject to the 
     requirements of the S.A.F.E. Mortgage Licensing Act of 2008, 
     or are otherwise required to register with the Nationwide 
     Mortgage Licensing System and Registry, the unique

[[Page 10480]]

     identifier assigned by the Nationwide Mortgage Licensing 
     System and Registry, as established by the Conference of 
     State Bank Supervisors and the American Association of 
     Residential Mortgage Regulators.''.
       (2) Insured mortgages.--Section 203 of the National Housing 
     Act (12 U.S.C. 1709) is amended by adding at the end the 
     following new subsection:
       ``(y) Use of Nationwide Mortgage Licensing System and 
     Registry for Insured Loans.--The Secretary may require each 
     mortgage insured under this section to include the unique 
     identifier (as such term is defined in section 1503 of the 
     S.A.F.E. Mortgage Licensing act of 2008 (12 U.S.C. 5102)) and 
     any unique company identifier assigned by the Nationwide 
     Mortgage Licensing System and Registry, as established by the 
     Conference of State Bank Supervisors and the American 
     Association of Residential Mortgage Regulators.''.
       (b) Coordination With State Regulatory Agencies.--Section 
     202 of the National Housing Act (12 U.S.C. 1708), as amended 
     by the preceding provisions of this Act, is further amended 
     by adding at the end the following new subsection:
       ``(l) Information Sharing With State Regulatory Agencies.--
       ``(1) Joint protocol on information sharing.--The Secretary 
     shall, through consultation with State regulatory agencies, 
     pursue protocols for information sharing, including the 
     appropriate treatment of confidential or otherwise restricted 
     information, regarding either actions described in subsection 
     (c)(3) of this section or disciplinary or enforcement actions 
     by a State regulatory agency or agencies against a mortgagee 
     (as such term is defined in subsection (c)(7)).
       ``(2) Coordination.--To the greatest extent possible, the 
     Secretary and appropriate State regulatory agencies shall 
     coordinate disciplinary and enforcement actions involving 
     mortgagees (as such term is defined in subsection (c)(7)).''.

     SEC. 10. REPORTING OF MORTGAGEE ACTIONS TAKEN AGAINST OTHER 
                   MORTGAGEES.

       Section 202 of the National Housing Act (12 U.S.C. 
     1708(e)), as amended by the preceding provisions of this Act, 
     is further amended by adding at the end the following new 
     subsection:
       ``(m) Notification of Mortgagee Actions.--The Secretary 
     shall require each mortgagee, as a condition for approval by 
     the Secretary to originate or underwrite mortgages on single 
     family or multifamily housing that are insured by the 
     Secretary, if such mortgagee engages in the purchase of 
     mortgages insured by the Secretary and originated by other 
     mortgagees or in the purchase of the servicing rights to such 
     mortgages, and such mortgagee at any time takes action to 
     terminate or discontinue such purchases from another 
     mortgagee based on any determination, evidence, or report of 
     fraud or material misrepresentation in connection with the 
     origination of such mortgages, the mortgagee shall, not later 
     than 15 days after taking such action, shall notify the 
     Secretary of the action taken and the reasons for such 
     action.''.

     SEC. 11. ANNUAL ACTUARIAL STUDY AND QUARTERLY REPORTS ON 
                   MUTUAL MORTGAGE INSURANCE FUND.

       Subsection (a) of section 202 of the National Housing Act 
     (12 U.S.C. 1708(a)) is amended--
       (1) in the second sentence of paragraph (4), by inserting 
     before the period at the end the following: ``, any changes 
     to the current or projected safety and soundness of the Fund 
     since the most recent report under this paragraph or 
     paragraph (5), and any risks to the Fund''; and
       (2) in paragraph (5)--
       (A) in subparagraph (D), by striking ``and'' at the end;
       (B) in subparagraph (E), by striking the period at the end 
     and inserting ``; and'';
       (C) by adding at the end the following:
       ``(F) any other factors that are likely to have an impact 
     on the financial status of the Fund or cause any material 
     changes to the current or projected safety and soundness of 
     the Fund since the most recent report under paragraph (4).

     The Secretary may include in the report under this paragraph 
     any recommendations not made in the most recent report under 
     paragraph (4) that may be needed to ensure that the Fund 
     remains financially sound.''.

     SEC. 12. REVIEW OF DOWNPAYMENT REQUIREMENTS.

       Section 205 of the National Housing Act (12 U.S.C. 1711) is 
     amended by adding at the end the following new subsection:
       ``(g) Review of Downpayment Requirements.--If, at any time 
     when the capital ratio (as such term is defined in subsection 
     (f)) of the Mutual Mortgage Insurance Fund does not comply 
     with the requirement under subsection (f)(1), the Secretary 
     establishes a cash investment requirement, for all mortgages 
     or mortgagors or with respect to any group of mortgages or 
     mortgagors, that exceeds the minimum percentage or amount 
     required under section 203(b)(9), thereafter upon the capital 
     ratio first complying with the requirement under subsection 
     (f)(1) the Secretary shall review such cash investment 
     requirement and, if the Secretary determines that such 
     percentage or amount may be reduced while maintaining such 
     compliance, the Secretary shall subsequently reduce such 
     requirement by such percentage or amount as the Secretary 
     considers appropriate.''.

     SEC. 13. DEFAULT AND ORIGINATION INFORMATION BY LOAN SERVICER 
                   AND ORIGINATING DIRECT ENDORSEMENT LENDER.

       (a) Collection of Information.--Paragraph (2) of section 
     540(b) of the National Housing Act (12 U.S.C. 1712 U.S.C. 
     1735f-18(b)(2)) is amended by adding at the end the following 
     new subparagraph:
       ``(C) For each entity that services insured mortgages, data 
     on the performance of mortgages originated during each 
     calendar quarter occurring during the applicable collection 
     period, disaggregated by the direct endorsement mortgagee 
     from whom such entity acquired such servicing.''.
       (b) Applicability.--Information described in subparagraph 
     (C) of section 540(b)(2) of the National Housing Act, as 
     added by subsection (a) of this section, shall first be made 
     available under such section 540 for the applicable 
     collection period (as such term is defined in such section) 
     relating to the first calendar quarter ending after the 
     expiration of the 12-month period that begins on the date of 
     the enactment of this Act.

     SEC. 14. THIRD PARTY SERVICER OUTREACH.

       (a) Authority.--The Secretary of Housing and Urban 
     Development may, to the extent any amounts for fiscal year 
     2010 or 2011 are made available in advance in appropriation 
     Acts for reimbursements under this section, provide 
     reimbursement to servicers of covered mortgages (as such term 
     is defined in subsection (e)) for costs of obtaining the 
     services of independent third parties meeting the 
     requirements under subsection (b) of this section to make in-
     person contact with mortgagors under covered mortgages whose 
     payments under such mortgages are 60 or more days past due, 
     solely for the purposes of providing information to such 
     mortgagors regarding--
       (1) available counseling by housing counseling agencies 
     approved by the Secretary ; and
       (2) available mortgage loan modification, refinance, and 
     assistance programs.
       (b) Qualified Independent Third Parties.--An independent 
     third party meets the requirements of this subsection if the 
     third party--
       (1) is an entity, including a housing counseling agency 
     approved by the Secretary, that meets standards, 
     qualifications, and requirements (including regarding 
     foreclosure prevention training, quality monitoring, 
     safeguarding of non-public information) established by the 
     Secretary for purposes of this section for in-person contact 
     about available mortgage loan modification, refinance, and 
     assistance programs; and
       (2) does not charge any fees or require other payments, 
     directly or indirectly, from any mortgagor for making in-
     person contact and providing information and documents under 
     this section.
       (c) Treatment of Personal, Non-public, and Confidential 
     Information.--An independent third party whose services are 
     obtained using amounts made available for use under this 
     section and the mortgage servicer obtaining such services 
     shall not use, disclose, or distribute any personal, non-
     public, or confidential information about a mortgagor 
     obtained during an in-person contact with the mortgagor, 
     except for purposes of engaging in the process of 
     modification or refinance of the covered mortgage.
       (d) Date of Contact and Disclosures.--Each independent 
     third party whose services are obtained by a mortgage 
     servicer using amounts made available for use under this 
     section shall--
       (1) initiate in-person contact with a mortgagor not later 
     than 10 days after the date upon which payments under the 
     covered mortgage of the mortgagor become 60 days past due; 
     and
       (2) upon making in-person contact with a mortgagor, provide 
     the mortgagor with a written document that discloses--
       (A) the name of, and contact information for, the 
     independent third party and the mortgage servicer;
       (B) that the independent third party has contracted with 
     the mortgage servicer to provide the in-person contact at no 
     charge to the mortgagor;
       (C) that the independent third party is an agent of the 
     mortgage servicer;
       (D) that the in-person contact with the mortgagor consists 
     of providing information about available counseling by a 
     housing counseling agency approved by the Secretary and 
     available mortgage loan modification, refinance, and 
     assistance programs;
       (E) that the independent third party and the mortgage 
     servicer are prohibited from the use, disclosure, or 
     distribution of personal, non-public, and confidential 
     information about the mortgagor, obtained during the in-
     person contact, except for purposes of engaging in the 
     process of modification or refinance of the covered mortgage;
       (F) any other information that the Secretary determines 
     should be disclosed.
       (e) Definition of Covered Mortgage.--For purposes of this 
     section, the term ``covered mortgage'' means a mortgage on a 
     1- to 4-family residence insured under the provisions of 
     subsection (b) or (k) of section 203, section 234(c), or 251 
     of the National Housing Act (12 U.S.C. 1709, 1715y, 1715z-
     16).

     SEC. 15. GAO REPORTS ON FHA AND GINNIE MAE.

       Not later than the expiration of the 12-month period 
     beginning on the date of the enactment of this Act, the 
     Comptroller General of the United States shall submit to the 
     Congress the following reports:
       (1) FHA report.--A report on the single family mortgage 
     insurance programs of the Secretary of Housing and Urban 
     Development and the Mutual Mortgage Insurance Fund 
     established under section 202(a) of the National Housing Act 
     (12 U.S.C. 1708(a)) that--

[[Page 10481]]

       (A) analyzes such Fund, the economic net worth, capital 
     ratio, and unamortized insurance-in-force (as such terms are 
     defined in section 205(f)(4) of such Act (12 U.S.C. 
     1711(f)(4))) of such Fund, the risks to the Fund, how the 
     capital ratio of the Fund affects the mortgage insurance 
     programs under the Fund and the broader housing market, the 
     extent to which the housing markets are more dependent on 
     mortgage insurance provided through the Fund since the 
     financial crisis began in 2008, and the exposure of the 
     taxpayers for obligations of the Fund;
       (B) analyzes the methodology of the capital ratio for the 
     Fund under section 205(f) of such Act and examines other 
     alternative methodologies with respect to which methodology 
     is most appropriate to meet the operational goals of the Fund 
     under section 202(a)(7);
       (C) analyzes the effects of the increases in the limits on 
     the maximum principal obligation of mortgages made by the FHA 
     Modernization Act of 2008 (title I of division B of Public 
     Law 110-289), section 202 of the Economic Stimulus Act of 
     2008 (Public Law 110-185; 122 Stat. 620), section 1202 of 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5; 123 Stat. 225), and section 166 of 
     the Continuing Appropriations Resolution, 2010 (as added by 
     section 104 of division B of Public Law 111-88; 123 Stat. 
     29723) on--
       (i) the risks to and safety and soundness of the Fund;
       (ii) the impact on the affordability and availability of 
     mortgage credit for borrowers for loans authorized under such 
     higher loan limits;
       (iii) the private market for residential mortgage loans 
     that are not insured by the Secretary of Housing and Urban 
     Development; and
       (iv) the Federal National Mortgage Association and the 
     Federal Home Loan Mortgage Corporation; and
       (D) analyzes the impact on affordability to FHA borrowers, 
     and the impact to the Fund, of seller concessions or 
     contributions to a borrower purchasing a residence using a 
     mortgage that is insured by the Secretary.
       (2) Ginnie mae.--A report on the Government National 
     Mortgage Association that identifies--
       (A) the volume and share of the residential mortgage market 
     that consists of mortgages that back securities for which the 
     payment for principal and interest is guaranteed by such 
     Association and how the Association has been affected by the 
     economic recession, credit crisis, and downturn in the 
     housing markets occurring during 2008, 2009, and 2010;
       (B) the capacity of the Association to manage the volume of 
     business it conducts and securities it guarantees, 
     particularly with regard to the recent dramatic increase in 
     such volume, including the ability of the Association to 
     conduct appropriate oversight of contractors and issuers of 
     securities for which the payment of principal and interest is 
     guaranteed by the Association and to determine whether the 
     characteristics of various mortgage products constitute 
     appropriate collateral for the federally guaranteed 
     securities for which payment of principal and interest is 
     guaranteed by such Association;
       (C) the impacts, if any, resulting from such increased 
     volume of business conducted by the Association and 
     securities it guarantees and the challenges such increased 
     volume poses to the internal controls of the Association; and
       (D) the existing capital net worth requirements for 
     aggregators of mortgages that issue securities that are based 
     on or backed by such mortgages and payment of principal and 
     interest on which is guaranteed by such Association and 
     recommends an appropriate required level of net worth for 
     such aggregators and issuers to protect the financial 
     interests of the Federal Government and the taxpayers.

  The Acting CHAIR. No amendment to the committee amendment is in order 
except those printed in House Report 111-503. Each amendment may be 
offered only in the order printed in the report, by a Member designated 
in the report, shall be considered read, shall be debatable for the 
time specified in the report equally divided and controlled by the 
proponent and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question.


                 Amendment No. 1 Offered by Ms. Waters

  The Acting CHAIR. It is now in order to consider amendment No. 1 
printed in House Report 111-503.
  Ms. WATERS. Mr. Chairman, I have an amendment at the desk made in 
order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Ms. Waters:
       Page 9, line 19, after ``single family'' insert 
     ``residences''.
       Page 18, line 24, strike ``12-month'' and insert ``18-
     month''.
       Page 14, after line 16, insert the following new section:

     SEC. 13. AUTHORIZATION TO PARTICIPATE IN THE ORIGINATION OF 
                   FHA-INSURED LOANS.

       (a) Single Family Mortgages.--Section 203(b) of the 
     National Housing Act (12 U.S.C. 1709(b)) is amended by 
     striking paragraph (1) and inserting the following new 
     paragraph:
       ``(1) Have been made to a mortgagee approved by the 
     Secretary or to a person or entity authorized by the 
     Secretary under section 202(d)(1) to participate in the 
     origination of the mortgage, and be held by a mortgagee 
     approved by the Secretary as responsible and able to service 
     the mortgage properly.''.
       (b) Home Equity Conversion Mortgages.--Section 255(d) of 
     the National Housing Act (12 U.S.C. 1715z-20(d)) is amended 
     by striking paragraph (1) and inserting the following new 
     paragraph:
       ``(1) have been originated by a mortgagee approved by, or 
     by a person or entity authorized under section 202(d)(1) to 
     participate in the origination by, the Secretary;''.
       Page 14, line 17, strike ``13'' and insert ``14''.
       Page 15, line 14, strike ``14'' and insert ``15''.
       Strike line 23 on page 18 and all that follows through page 
     22, line 20, and insert the following:

     SEC. 16. GAO REPORT ON FHA.

       Not later than the expiration of the 12-month period 
     beginning on the date of the enactment of this Act, the 
     Comptroller General of the United States shall submit to the 
     Congress a report on the single family mortgage insurance 
     programs of the Secretary of Housing and Urban Development 
     and the Mutual Mortgage Insurance Fund established under 
     section 202(a) of the National Housing Act (12 U.S.C. 
     1708(a)) that--
       (1) analyzes such Fund, the economic net worth, capital 
     ratio, and unamortized insurance-in-force (as such terms are 
     defined in section 205(f)(4) of such Act (12 U.S.C. 
     1711(f)(4))) of such Fund, the risks to the Fund, how the 
     capital ratio of the Fund affects the mortgage insurance 
     programs under the Fund and the broader housing market, the 
     extent to which the housing markets are more dependent on 
     mortgage insurance provided through the Fund since the 
     financial crisis began in 2008, and the exposure of the 
     taxpayers for obligations of the Fund;
       (2) analyzes the methodology for determining the Fund's 
     capital ratio under section 205(f) of such Act and examines 
     alternative methods for assessing the Fund's financial 
     condition and their potential impacts on the Fund's ability 
     to meet the operational goals under section 202(a)(7) of such 
     Act;
       (3) analyzes the potential effects of the increases in the 
     limits on the maximum principal obligation of mortgages made 
     by the FHA Modernization Act of 2008 (title I of division B 
     of Public Law 110-289), section 202 of the Economic Stimulus 
     Act of 2008 (Public Law 110-185; 122 Stat. 620), section 1202 
     of division A of the American Recovery and Reinvestment Act 
     of 2009 (Public Law 111-5; 123 Stat. 225), and section 166 of 
     the Continuing Appropriations Resolution, 2010 (as added by 
     section 104 of division B of Public Law 111-88; 123 Stat. 
     29723) on--
       (A) the risks to and safety and soundness of the Fund;
       (B) the impact on the affordability and availability of 
     mortgage credit for borrowers for loans authorized under such 
     higher loan limits;
       (C) the private market for residential mortgage loans that 
     are not insured by the Secretary of Housing and Urban 
     Development; and
       (D) the Federal National Mortgage Association and the 
     Federal Home Loan Mortgage Corporation; and
       (4) analyzes the impact on affordability to FHA borrowers, 
     and the impact to the Fund, of seller concessions or 
     contributions to a borrower purchasing a residence using a 
     mortgage that is insured by the Secretary.
       At the end of the bill, add the following new sections:

     SEC. 17. INCREASED LOAN LIMITS FOR DESIGNATED COUNTIES.

       (a) Authority.--Notwithstanding any other provision of law, 
     the Secretary of Housing and Urban Development (in this 
     section referred to as the ``Secretary'') may increase the 
     dollar amount limitations on the principal obligation of 
     mortgages otherwise determined under section 203(b)(2) of the 
     National Housing Act for any county that is designated under 
     this section.
       (b) Procedure.--
       (1) Federal register notice.--Any designation of a county 
     under this section shall be made only pursuant to application 
     by the county for such designation, in accordance with 
     procedures that the Secretary may establish. The Secretary 
     may establish such procedures only by publication in the 
     Federal Register not later than 60 days after the date of the 
     enactment of this Act.
       (2) Final determination.--If the Secretary establishes 
     procedures for applications under paragraph (1) and receives 
     a completed application for designation under this section of 
     a county in accordance with such procedures, the Secretary 
     shall issue a final determination regarding such application 
     for designation, based on the criteria under subsection (c), 
     not later than 60 days after such receipt.
       (c) Determination Criteria.--The Secretary may designate an 
     applicant county under this section only if the county is 
     located within a micropolitan area (as such term is defined 
     by the Director of the Office of Management and Budget) and 
     meets the following criteria:

[[Page 10482]]

       (1) More than 70 percent of the border of the applicant 
     county abuts two or more metropolitan statistical areas (as 
     such term is defined by the Director of the Office of 
     Management and Budget) for which each dollar amount 
     limitation on the principal obligation of a mortgage that may 
     be insured under section 203 of the National Housing Act, in 
     effect at the time of such determination, is at least 40 
     percent greater than the dollar amount limitation for the 
     same size residence for the applicant county. For purposes of 
     such calculation, the dollar amount limitations of such 
     abutting counties shall not include any increase attributable 
     to the authority under this section.
       (2) The applicant county has experienced significant 
     population growth, as evidenced by an increase of 15 percent 
     or more during the 10 years preceding the application, 
     according to statistics of the United States Census Bureau or 
     such other appropriate criteria as the Secretary shall 
     establish.
       (3) The dollar amount limitation on the principal 
     obligation of a mortgage on housing in the applicant county 
     that may be insured under section 203 of the National Housing 
     Act, in effect at the time of such application, is the 
     minimum such dollar amount limitation allowable under the 
     matter that follows clause (ii) in section 203(b)(2)(A) of 
     the National Housing Act.
       (d) Establishment of Loan Limits.--For a county designated 
     under this section, the Secretary may increase the maximum 
     dollar amount limitations on the principal obligation of 
     mortgages otherwise determined under section 203(b)(2) of the 
     National Housing Act to such levels as are appropriate, 
     taking into consideration the criteria established for such 
     designation, but not to exceed the dollar amount limitations 
     for the abutting metropolitan statistical area meeting the 
     requirements of subsection (c)(1) that has the lowest such 
     dollar amount limitations.
       (e) Effective Date and Term of Designation of New 
     Countywide Loan Limits.--A designation of a county under this 
     section, and the maximum dollar amount limitations for such 
     county pursuant to subsection (d), shall--
       (1) take effect upon the expiration of the 60-day period 
     that begins upon the final determination for the county 
     referred to in subsection (b)(2); and
       (2) remain in effect until the end of the calendar year in 
     which such designation takes effect.
       (f) Loan Limits for Succeeding Years.--With respect to each 
     calendar year immediately following the calendar year in 
     which a county is designated under this subsection, the 
     Secretary may, notwithstanding any other provision of law, 
     continue or adjust the dollar amount limitations in effect 
     pursuant to this section for such designated county for such 
     preceding year, as appropriate, consistent with the criteria 
     under this section.

     SEC. 18. IDENTIFICATION REQUIREMENTS FOR BORROWERS.

       Section 203 of the National Housing Act (12 U.S.C. 1709), 
     as amended by the preceding provisions of this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(z) Identification Requirements for Borrowers.--No 
     mortgage on a 1- to 4-family dwelling may be insured under 
     this title unless the mortgagor under such mortgage--
       ``(1) provides a valid Social Security Number; and
       ``(2) is (A) a United States citizen, (B) a lawful 
     permanent resident alien, or (C) a non-permanent resident 
     alien who legally resides in and is authorized to work in the 
     United States.

     The Secretary shall establish policies under which mortgagees 
     verify compliance with the requirements under this 
     subsection.''.

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentlewoman 
from California (Ms. Waters) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from California.
  Ms. WATERS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, the manager's amendment would make technical 
corrections to the underlying FHA Reform Act of 2010 and would respond 
to a GAO request for more time to complete the mandated study on FHA.
  This amendment would also facilitate HUD's implementation of a 
recently finalized rule whereby FHA will no longer directly approve 
loan correspondents or mortgage brokers but will require lenders to 
approve brokers.
  Under the language proposed in this amendment, loan correspondents 
would be permitted to continue closing loans in their own name, a 
critical business function, and continue to utilize table funding 
arrangements.
  This amendment also addresses eligibility for FHA loans by requiring 
FHA borrowers to have a valid Social Security number and limiting FHA 
loans to only U.S. citizens and legal immigrants. This language ensures 
that undocumented immigrants or other individuals who are in the 
country unlawfully cannot get FHA mortgages, while still providing that 
lawful immigrants can continue to stimulate demand in the U.S. housing 
market through the purchase of homes.
  Finally, this amendment provides that the Secretary may increase loan 
limits for micropolitan counties surrounded by higher-cost areas that 
are experiencing significant growth.
  Again, this amendment strengthens an already strong bill, and I urge 
my colleagues to support it.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1130

  Mrs. CAPITO. Mr. Chairman, I claim the time in opposition, but I am 
not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentlewoman from West 
Virginia is recognized for 5 minutes.
  There was no objection.
  Mrs. CAPITO. I would like to thank the chairwoman of the Housing 
Subcommittee for her good work on this bill and for this manager's 
amendment. We have worked together on this amendment, as we have with 
the rest of the bill.
  As she summarized in her statement, this provides provisions that 
drops out a few provisions that were problematic, but it also increases 
the requirements for identification, for a valid Social Security number 
and to be a U.S. citizen to be able to have access to FHA programs. I 
think it goes to the core of a lot of discussion that we've had on this 
floor, and certainly we want to make certain that those who are 
eligible for programs are able to access them and those that are 
ineligible are unable to access them.
  So as I said, we've worked together on this amendment, and I plan to 
support the manager's amendment.
  With that, I yield back the balance of my time.
  Ms. WATERS. Mr. Chairman, I have no further requests for time on this 
amendment, and I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from California (Ms. Waters).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Ms. WATERS. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from California 
will be postponed.


                 Amendment No. 2 Offered by Mr. Cardoza

  The Acting CHAIR. It is now in order to consider amendment No. 2 
printed in House Report 111-503.
  Mr. CARDOZA. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Cardoza:
       Page 15, line 20, strike ``(e)'' and insert ``(f)''.
       Page 18, after line 16, insert the following new 
     subsection:
       (e) Priority.--In providing reimbursements under this 
     section, the Secretary of Housing and Urban Development shall 
     provide priority to independent third parties serving 
     mortgagors under covered mortgages in areas experiencing a 
     mortgage foreclosure rate and unemployment rate higher than 
     the national average for the most recent 12-month period for 
     which satisfactory data are available.
       Page 18, line 17, strike ``(e)'' and insert ``(f)''.

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentleman 
from California (Mr. Cardoza) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. CARDOZA. I yield myself such time as I may consume.
  In recent weeks we have seen a small but slow and steady improvement 
in the national housing market while other parts of the country, like 
my congressional district in the San Joaquin Valley, have continued to 
deteriorate. I have repeatedly explained to the

[[Page 10483]]

administration that their programs are not doing enough to stem the 
problems of the rising tide of foreclosures in areas like the Central 
Valley in California.
  As this economic devastation continues, we must redouble our efforts 
to help our constituents as we work to improve the fundamentals of the 
economy and hopefully eventually pull ourselves out of this situation. 
We must ensure that we are doing everything that we can to help those 
who are suffering the most.
  Counseling services are just one component of this comprehensive 
approach that we need to deal with this ongoing crisis. People must 
know their options when faced with foreclosure so that they can make 
informed decisions based on their own personal circumstances. 
Navigating these options is often difficult, stressful, and confusing 
to those who have never had to deal with such issues. Counseling can 
help some people find ways to stay in their homes while it offers 
others a path to resolve an impending foreclosure and get back on their 
feet.
  If we are going to incentivize mortgage servicers to provide third-
party counselors to borrowers who are behind on their mortgage 
payments, then we ought to make sure we give priority to those areas 
who are hurting the most. My amendment would prioritize foreclosure 
counseling services to areas of the country that have been the hardest 
hit by the housing crisis.
  I urge my colleagues on both sides of the aisle to support this 
amendment and to refocus our efforts on those who need the help the 
most.
  I reserve the balance of my time.
  Mrs. CAPITO. I would like to claim the time in opposition, although I 
am unopposed to the amendment.
  The Acting CHAIR. Without objection, the gentlewoman from West 
Virginia is recognized for 5 minutes.
  There was no objection.
  Mrs. CAPITO. I rise in support of the amendment offered by the 
gentleman from California.
  As my colleague from California knows all too well, rising 
foreclosure and delinquency rates continue to affect all areas of the 
mortgage market. Secondary markets for mortgages have seen a 
significant drawback that has led to a reduction in the availability of 
credit. Lenders have tightened credit standards making it more 
difficult for delinquent borrowers to refinance.
  At the same time, because of falling home prices and certainly in 
many parts of the country, like the gentleman's home district, 
borrowers are finding themselves unable to refinance into more 
affordable or fixed-rate products because their outstanding mortgage 
loan balances exceed their homes' values.
  States such as California, Florida, Arizona, and Nevada continue to 
dominate the national delinquency and foreclosure markets. The Cardoza 
amendment prioritizes assistance to the areas that have been hardest 
hit by foreclosure and unemployment compared to the rest of the 
country.
  I am prepared to support the gentleman's amendment, and I would like 
to say that one area of the gentleman's amendment that I particularly 
am in favor of--because we kind of go through this discussion on a lot 
of different bills, where to put the greater emphasis, and I think the 
greater emphasis and the greater dollar assistance need to go to the 
places that are the hardest hit and do have the most difficult 
problems. And so I think this is well-intentioned, and I would support 
the amendment.
  I reserve the balance of my time.
  Mr. CARDOZA. Mr. Chairman, I thank the gentlelady for her comments 
and her support of my amendment. It is very important that we do move 
in this direction.
  At this time, I yield 1 minute to the chairwoman of the subcommittee, 
a true champion for those who are trying to remain in their homes, and 
she's done so much to try to help us alleviate the challenges that we 
face in my district and throughout our State, the gentlewoman from 
California (Ms. Waters).
  Ms. WATERS. I would like to thank my colleague from California. I 
certainly support this amendment.
  The gentleman from California has been one of the most active Members 
of this Congress in bringing attention to the economic fallout of the 
foreclosure crisis. I am well aware that his district located in my 
home State of California has one of the highest foreclosure rates in 
the country. California has the Nation's fourth highest foreclosure 
rate with one in every 192 housing units receiving a foreclosure filing 
last April.
  Unfortunately, due to the economic impacts of foreclosures on 
communities, high foreclosure rates are sometimes accompanied by high 
unemployment rates. At 13 percent, California's unemployment rate is 
higher than the national unemployment rate of 9.5 percent. By 
prioritizing foreclosure counseling services to the hardest hit areas, 
this amendment would ensure that the homeowners most in need of these 
services would receive them, helping to stabilize communities that are 
already facing economic troubles.
  I support this amendment, and I certainly thank the gentleman for 
offering it. I hope my colleagues will vote ``yes.''
  Mrs. CAPITO. Again, I voice my support for the amendment, and I yield 
back the balance of my time.
  Mr. CARDOZA. This amendment is straightforward and common sense. I 
believe that Congress must ensure that all efforts to provide 
assistance during these difficult times actually help those that need 
it the most.
  I urge adoption of the amendment, and I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Cardoza).
  The amendment was agreed to.


                   Amendment No. 3 Offered by Mr. Cao

  The Acting CHAIR. It is now in order to consider amendment No. 3 
printed in House Report 111-503.
  Mr. CAO. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Cao:
       Page 16, line 4, strike ``and''.
       Page 16, line 6, strike the period and insert ``; and''.
       Page 16, after line 6, insert the following:
       (3) available counseling regarding financial management and 
     credit risk.

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentleman 
from Louisiana (Mr. Cao) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Louisiana.
  Mr. CAO. Mr. Chairman, I rise today in support of my amendment to 
H.R. 5072, the FHA Reform Act of 2010. The bill we are considering 
today is a much-needed piece of legislation to help bolster the Federal 
Housing Administration and help prevent another housing crisis.
  As someone from a district that is both in recovery and one with 
incredible housing needs, I especially appreciate this bill. I 
congratulate Chairman Frank and Ranking Member Bachus for bringing this 
important legislation to the floor.
  I think the portion of the bill which provides information about loan 
modification and housing counseling to a mortgager at risk of early 
default is important. The amendment that I propose slightly expands 
this requirement by including language that includes credit risk and 
financial management counseling information.
  I know that many times, especially in the current economic downturn, 
people headed for foreclosure have many other debt issues. Low- and 
middle-income families, those most likely to have FHA loans, often 
don't know that there is counseling available to help them understand 
the credit risk associated with foreclosure and loan modification. Many 
do not have the skills to manage this risk. They don't know that there 
is often free or low-cost financial management information available to 
them for help. That is why I have drafted the additional language to 
help these families get information about the full range of services 
available to them. This is good policy from which any constituent in my 
district can benefit.

[[Page 10484]]

  This is about giving people the information they need to be 
successful. As policymakers, we should not only aim to preserve 
homeownership but to encourage responsible homeownership. By empowering 
people, we are taking a proactive stance towards aborting another 
financial crisis.
  I reserve the balance of my time.
  Ms. WATERS. I rise to claim the time in opposition, although I am not 
opposed to the amendment.
  The Acting CHAIR. Without objection, the gentlewoman from California 
is recognized for 5 minutes.
  There was no objection.
  Ms. WATERS. I thank the gentleman for this amendment which would 
ensure that FHA borrowers who are having difficulty paying their loans 
would receive counseling about credit risk and financial management in 
addition to information about loan modification assistance and the 
availability of housing counseling.
  Financial literacy is an important tool for empowering consumers, 
especially those consumers who are having difficulty making mortgage 
payments. The gentleman's amendment would enhance the housing 
counseling resources provided by the bill. By allowing borrowers to 
learn about how to manage their non-mortgage debt, they could be 
helpful in ensuring that they are able to remain current in their 
mortgages after modification.
  I support this amendment, and I urge an ``aye'' vote.
  I yield back the balance of my time.
  Mr. CAO. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Louisiana (Mr. Cao).
  The amendment was agreed to.


                  Amendment No. 4 Offered by Ms. Bean

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in House Report 111-503.
  Ms. BEAN. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Ms. Bean:
       At the end of the bill, add the following new section:

     SEC. 16. AUTHORITY TO ESTABLISH HIGHER MINIMUM CASH 
                   INVESTMENT REQUIREMENT.

       (a) Authority.--Paragraph (9) of section 203(b) of the 
     National Housing Act (12 U.S.C. 1709(b)(9)) is amended by 
     adding at the end the following new subparagraph:
       ``(D) Authority to establish higher minimum requirement.--
     The Secretary may establish a higher minimum cash investment 
     requirement than the minimum requirement under subsection 
     (a), for all mortgagors or a certain class or classes of 
     mortgagors, which may be based on criteria related to 
     borrowers' credit scores or other industry standards related 
     to borrowers' financial soundness. In establishing such a 
     higher minimum cash investment requirement, the Secretary 
     shall take into consideration the findings of the most recent 
     annual report to the Congress on minimum cash investments 
     pursuant to section 16(b) of the FHA Reform Act of 2010.''.
       (b) Report.--Not later than the expiration of the 12-month 
     period beginning on the date of the enactment of this Act and 
     annually thereafter, the Secretary of Housing and Urban 
     Development shall submit to the Committee on Financial 
     Services of the House of Representatives and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate a report 
     detailing the implementation of the minimum cash investment 
     requirements under section 203(b)(9) of the National Housing 
     Act (12 U.S.C. 1709(b)(9)) and discussing and analyzing 
     options for proposed changes to such requirements, including 
     changes that would take into account borrowers' credit scores 
     or other industry standards related to borrowers' financial 
     soundness. Such report shall--
       (1) analyze the impacts that any actual or proposed such 
     changes are projected to have on--
       (A) the financial soundness of the Mutual Mortgage 
     Insurance Fund;
       (B) the housing finance market of the United States; and
       (C) the number of borrowers served by the Federal Housing 
     Administration;
       (2) explain the reasons for any actual or proposed such 
     changes in the such requirements made since the last report 
     under this subsection;
       (3) evaluate the impact of any actual or proposed such 
     changes in such requirements on the Mutual Mortgage Insurance 
     Fund;
       (4) evaluate the impacts of any actual or proposed such 
     changes on potential mortgagors under mortgages on one- to 
     four-family dwellings insured by the Secretary under the 
     National Housing Act; and
       (5) evaluate the impact of any actual or proposed such 
     changes on the soundness of the housing market in the United 
     States.

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentlewoman 
from Illinois (Ms. Bean) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Illinois.
  Ms. BEAN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, the amendment I am here to talk to my colleagues about 
today protects taxpayers and increases government accountability while 
preserving a critical program that has helped 37 million Americans 
become homeowners since 1934.
  My amendment requires HUD and the FHA to conduct annual comprehensive 
assessments and considerations for increased minimum down payment 
requirements in the FHA mortgage guarantee program and grants the FHA 
greater authority to do so.
  Currently, the minimum cash investment requirement, commonly referred 
to as the ``down payment requirement,'' is set at 3.5 percent. HUD has 
used its existing authority to propose a 10 percent down payment 
requirement for borrowers with credit scores below 580, and I applaud 
FHA Commissioner Stevens and HUD for this important step to protect 
taxpayer dollars.
  However, it's important for HUD to be given clear direction on 
evaluating future down payment increases as data suggests that the 
foreclosure crisis is not yet over.
  According to core logic, approximately one in four borrowers are 
underwater in their mortgages, which means they owe more than their 
house is currently worth. As borrowers become increasingly underwater, 
they lose incentive to continue to pay their mortgage, which can lead 
to delinquency and further foreclosures.
  While it is difficult for individual homeowners to guard against 
large swings in the housing market, one important tool for preventing 
negative equity is to require a meaningful down payment. To make sure 
HUD is setting down payment requirements for the FHA program that will 
sufficiently protect the Federal Government from excessive defaults, my 
amendment requires HUD to submit an annual report to Congress regarding 
proposed or actual increases. The report would require HUD to analyze 
the impacts that they would have on the financial soundness of the 
Mutual Mortgage Insurance Fund--which is the reserve fund referenced 
frequently in today's debate--also the effect on the housing finance 
market of the United States and the number of borrowers served by the 
FHA program.

                              {time}  1145

  The amendment requires HUD to consider the findings of these annual 
reports in determining whether higher down payment requirements are 
warranted. In addition, it grants authority to HUD to establish 
requirements for all borrowers or a class or classes of borrowers, and 
it directs HUD to consider a borrower's credit score when making these 
decisions.
  Combined, this amendment will mandate HUD to evaluate resetting down 
payment requirements every year, and it will ensure the Federal 
Government is effectively protected from unnecessary risk. This 
amendment allows Congress to protect taxpayers without being overly 
prescriptive or handcuffing the FHA with specific terms. Instead, it 
provides the FHA the authority to make fact-based decisions based on 
the level of defaults and market conditions.
  We learned from the current mortgage crisis that the FHA needs the 
data and the flexibility to address changes in today's more dynamic and 
diverse mortgage market and to protect taxpayers. We also recognize the 
importance of preserving access to affordable mortgages for millions of 
American families. FHA has helped Americans attain home ownership and 
has provided crucial mortgage insurance at times when the private 
market has pulled back from the mortgage market.

[[Page 10485]]

  This legislation well complements the consumer and taxpayer 
protections in the Wall Street reforms Congress is moving towards final 
passage.
  I urge my colleagues to support the Bean amendment and the underlying 
bill.
  I reserve the balance of my time.
  Mrs. CAPITO. I rise to claim time in opposition, although I'm not 
opposed to the amendment.
  The Acting CHAIR. Without objection, the gentlewoman from West 
Virginia is recognized for 5 minutes.
  There was no objection.
  Mrs. CAPITO. As the gentlewoman from Illinois stated, this gives HUD 
the authority to increase FHA down payments and would require an annual 
report. I'd like to ask the gentlelady, if I could, a question about 
her amendment, if she would be willing to help me out with some 
clarification.
  You mentioned in your statement that HUD had already raised the down 
payment requirements with those of credit scores of 580 and below up to 
10 percent. So my question is, it seems apparent to me that HUD already 
has the authority that you are granting in this amendment. HUD can 
already now go in and raise down payments. I would like to know what 
the distinction is or what the difference of the authority is that 
you're granting in your amendment from the authority that HUD already 
has.
  I yield to the gentlewoman from Illinois.
  Ms. BEAN. Well, first of all, it's mandating it. They have to 
evaluate the facts every year and then propose to Congress why they are 
or aren't making changes. So that's different than what they've been 
required to do in the past.
  Mrs. CAPITO. But still, the authority they have to raise down payment 
requirements is already existing in current law.
  Ms. BEAN. They do have the authority to make changes.
  Mrs. CAPITO. Basically, the change is more in the annual report and 
the requirement that HUD has to look at those reports and make a 
statement to the committee and to Congress?
  Ms. BEAN. That's correct.
  Mrs. CAPITO. I thank the gentlelady for clarification, and as I said 
previously, I am prepared to support this amendment.
  I don't believe I have any further requests for time; so I yield back 
the balance of my time.
  Ms. BEAN. I yield such time as she may consume to Congresswoman 
Waters.
  Ms. WATERS. Mr. Chairman, this amendment reiterates the existing 
authority of the Secretary of Housing and Urban Development to raise 
down payment standards if he deems it necessary to ensure the financial 
health of FHA, and that is exactly what Secretary Donovan, with the 
help of Commissioner Stevens is doing because data indicates it is the 
best thing to do for the current economic environment. In addition, the 
Secretary has the authority to reduce this down payment should economic 
conditions change and data indicates that it can be done while 
preserving the health of the capital reserves.
  This amendment also calls for the Secretary to provide an annual 
report on the implementation of the minimum down payment requirement, 
the impact on FHA's capital reserves, the housing market generally, all 
the number of FHA borrowers, and the impact of any proposed changes on 
borrowers on the fund.
  I believe this is a sensible amendment that increases transparency 
and accountability and should receive strong, bipartisan support, and I 
thank Congresswoman Bean for all of the work that she's done on this 
committee and for this amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Illinois (Ms. Bean).
  The amendment was agreed to.


          Amendment No. 5 Offered by Mr. Garrett of New Jersey

  The Acting CHAIR. It is now in order to consider amendment No. 5 
printed in House Report 111-503.
  Mr. GARRETT of New Jersey. Mr. Chairman, I have an amendment.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Garrett of New Jersey:
       Page 3, after line 16, insert the following new section:

     SEC. 3. DOWNPAYMENT REQUIREMENT OF 5 PERCENT AND PROHIBITION 
                   OF FINANCING OF CLOSING COSTS.

       Section 203 of the National Housing Act (12 U.S.C. 1709) is 
     amended--
       (1) in subsection (b)(9)(A), by striking ``3.5 percent'' 
     and inserting ``5.0 percent''; and
       (2) in subsections (b)(2) and (k)(3)(A), by striking 
     ``(including such initial service charges, appraisal, 
     inspection, and other fees as the Secretary shall approve)'' 
     each place such term appears and inserting ``(which may not 
     include any initial service charges, appraisal, inspection, 
     or other fees or closing costs as the Secretary shall 
     prohibit)''.

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentleman 
from New Jersey (Mr. Garrett) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. GARRETT of New Jersey. I yield myself 3 minutes.
  I want to begin by restating the obvious, and that is, the FHA right 
now is in serious financial trouble. Their book of business during 2005 
and 2006 and 2007 was really pretty small back then, and in 2008, FHA's 
lending took off to really high levels and currently is around 30 
percent of the market. Typically, the default from mortgages occurs not 
in the first couple of years but in three, four, five, six, and seven 
years.
  So we've already seen a sharp increase in delinquency and defaults 
with the FHA book, and we've not even gotten into the typically bad 
areas, the problem years for 2008 and 2009 so we're probably going to 
see those numbers go off the track.
  Some of my colleagues on the other side of the aisle may say that 
there isn't going to be a problem because underwriting standards have 
tightened up some and the average FICO score has gone up. If you think 
about it, that really misses the point. In the mortgage business, you 
make pennies and you lose dollars. Because of the tremendous increase 
in volume, the FHA has insured thousands of more loans from higher 
credit borrowers but they insured thousands of more loans from more 
credit risky borrowers, too. Those numbers just aren't going to balance 
out. So, when the FHA has to pay a claim on default, it costs 
significantly more than the proceeds, than the few extra pennies they 
get by issuing more loans. For example, the premiums from 10 additional 
good loans would not cover the losses from 10 additional riskier loans 
in default. In fact, I doubt it would cover even one.
  This point also debunks the claim that if you raise the down payment 
you will hurt the FHA because the accompanying reduction in volume will 
not allow them to collect as many fees. Why is that? The more loans you 
insure, the more defaults you will experience and you will not be able 
to recoup the losses with those additional premiums.
  A second point. Another argument they will make is that the FHA's LTV 
ratio, the loan-to-value ratio, above 95 percent are a lower percentage 
of the books today than they were just a few years ago, but this fails 
to acknowledge that it's because their book has grown so much over the 
last few years. So I would argue this, that of the total numbers, there 
are significantly more loans over there that are above 95 percent LTV 
and over 96.5 which is a critical number simply because of their 
ability to finance the up-front premiums now. And with more loans with 
higher LTVs means what? More riskier loans.
  FHA's own actuarial report says this: ``Based on previous econometric 
studies of mortgage behavior, a borrower's equity position in the 
mortgaged house is one of the most important drivers of default 
behavior. The larger the equity position a borrower has, the greater 
the incentive to avoid default on the loan.''
  So that's why I've come up with this amendment. It's not a 20 percent 
down payment or 15 percent or even a 10 percent, which many private 
lenders right

[[Page 10486]]

now require, but we go for the reasonable one, the compromise, 5 
percent down payment. I support home owners as much as the next guy, 
and I want everybody to be able to afford their own home if they could. 
But we have to learn something from our past history, and we have to be 
responsible here in this House.
  I find the debate over the problems with the FHA eerily similar to 
the debates we've had leading up to Fannie Mae and Freddie Mac. As 
taxpayers now are pumping hundreds of billions of dollars into Fannie 
and Freddie now, history has shown that we were on the right side of 
the debate then with Fannie and Freddie then, and I want to make sure 
that when this FHA bill goes through this House now, and at the 
conclusion of this debate as well, I want to make sure that myself and 
all of my colleagues are on the right side of this debate as well.
  So I urge my colleagues to be all on the right side of this, this 
debate in history and to support my amendment.
  I reserve the balance of my time.
  Mr. FRANK of Massachusetts. Mr. Chairman, I rise to claim the time in 
opposition.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. FRANK of Massachusetts. I yield myself 3 minutes.
  Mr. Chairman, there were several aspects of the debate over housing 
during the period that led up to the crisis. Part of it was over Fannie 
Mae and Freddie Mac, but an even bigger part--because it involved 
Fannie Mae and Freddie Mac--was over sub-prime loans being made 
largely, although not entirely, on the unregulated banking system, and 
there were those who defended that. There were those who opposed 
efforts to rein it in.
  In fact, with regard to Fannie Mae and Freddie Mac, I changed my own 
position with regard to them when in 2004 the administration, without 
congressional input, ordered Fannie Mae and Freddie Mac to buy more 
loans from people below the median income. We tried, many of us, during 
the period of 2004, 2005, and 2006 to get legislation adopted to ban 
sub-prime loans being granted imprudently. We had, the Congress, given 
the Federal Reserve the authority to do that in 1994, but Mr. Greenspan 
refused to do that. He since has apologized for that error.
  So the question was not whether or not there was a general lack of 
discipline but whether there was a particular lack of discipline in 
containing sub-prime mortgages. The relevance of that is that the FHA 
doesn't do that. In fact, at a time of general ideological opposition 
of regulation of the mortgage market outside the banking system, there 
was very little regulation of sub-prime mortgages being granted to 
people who couldn't afford them, who made no down payment, who didn't 
have to document their income. Because of all that, we ran into these 
problems, and the FHA's percentage went down. That's a major reason why 
the FHA went down. The FHA has never been guilty of that laxity of 
practice.
  So, part of the reason for the increase in the FHA share is that we 
have been able finally to cut back on the sub-prime mortgages being 
granted imprudently, and the FHA has much stricter standards. Yet, I 
want to stress--and this is a major cause of the Fannie and Freddie 
problem is that they were pushed into buying sub- prime mortgages that 
never should have been given in the first place. That's not the FHA.
  It's also the case that the FHA has stepped up in recent years, 
probably at congressional urging. The down payment has gone up. The up-
front fee has gone up. The FHA has power now to go up to a 10 percent 
and has done this, a 10 percent down payment for people with a weak 
credit score. That's already part of the FHA's proposal.
  The gentlewoman from Illinois' amendment just adopted makes it clear 
they can do even more, but to go beyond that, to the degree the 
gentleman from New Jersey wants to do, would undercut the ability of 
people who are capable of paying their mortgages from getting mortgage 
loans. That's why we have an unusual coalition opposing this amendment. 
It actually included a majority of the Republicans on the Committee on 
Financial Services who voted against this amendment, but it includes 
people on all sides of the housing market.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. FRANK of Massachusetts. I yield myself an additional 30 seconds.
  We have the Consumer Federation, the Center for Responsible Lending, 
the people who have distinguished themselves by being opposed to sub-
prime lending when others in this Chamber didn't want any restriction, 
and the Realtors and the home builders, those who are in the business 
of providing housing, those who are advocates for consumers come 
together to say this goes too far and would go beyond what is needed 
for responsible lending.
  I reserve the balance of my time.
  Mr. GARRETT of New Jersey. I yield 1 minute to the gentleman from 
Arizona (Mr. Flake).
  Mr. FLAKE. I thank the gentleman for yielding.
  I rise in support of the amendment.
  We can learn from history but we really can't revise it as much as we 
want to try. We're hearing the same arguments now that we heard about 
Fannie and Freddie, that there's no trouble, they're solvent, 
everything's fine. We're hearing the same thing with FHA now, but I can 
tell you, when FHA insured simply, what was it one in fifty homes, now 
it's one in four, or guarantees the loan on that amount, we're going to 
face trouble here unless we make additional changes to the ones that 
are being proposed to this bill. This is a prudent amendment.
  It would raise from 3.5 to 5 percent the minimum down payment. It 
gives more individuals more skin in the game for their home and fewer 
individuals will walk away. They will try to work it out and try to 
make their mortgages go on.

                              {time}  1200

  We cannot afford to ignore history, and if we reject this amendment, 
we are ignoring history.
  Mr. FRANK of Massachusetts. Mr. Speaker, I have the right to close.
  I reserve the balance of my time.
  Mr. GARRETT of New Jersey. Mr. Speaker, to close, I take, to begin 
with, the words of the gentlewoman from Illinois who really makes my 
case in her amendment which, really, unfortunately, does not go far 
enough. She says, on the floor, that the FHA does need clear direction 
what to do in this area of downpayments. Unfortunately, they have not 
done the job up to this point in time, and now she says we have to give 
them that clear direction. That is what my amendment would do.
  In no uncertain terms, we would say that those people who are not the 
best risks out there should have a minimum of 5 percent down. I also 
take from her very own words, she points out the fact that one out of 
four homes right now are under water. Well, do we want to find 
ourselves in this situation again 4 or 5 years from now from those very 
same people when one out of four homeowners are under water when they 
only have a few couple of percentage points down on their house that 
they are going to say, I can simply walk away from this house because 
there is really not much of an investment in it.
  I don't think we want to rehash this argument again. I don't think we 
want to be in this situation again where the American taxpayer is put 
on the hook, just as it is now, to the tune of $400 billion over the 
life of the GSAs. We don't want to have to come out and bail out FHAs.
  Let's do the prudent thing right now. Let's be on the right side of 
history and make sure we have a prudent downpayment for FHA loans.
  I yield back the balance of my time.
  Mr. FRANK of Massachusetts. Mr. Chairman, may I inquire how much time 
remains?
  The Acting CHAIR. The gentleman from Massachusetts has 1\1/2\ 
minutes.
  Mr. FRANK of Massachusetts. First, Mr. Chairman, let me be clear, the 
FHA has gone beyond the gentleman from New Jersey with regard to 
borrowers who are risky. For borrowers

[[Page 10487]]

with a 580 or below credit score, the FHA has already used the 
authority we have given them to raise the downpayment to 10 percent, so 
we are talking about people above the 580 credit score.
  Secondly, there was a total misreading of history with Fannie Mae and 
Freddie Mac. Yes, some of us thought earlier there wasn't a problem. 
After it was in order by the Bush administration in 2004 for them to 
get to more than 50 percent of purchases or mortgages for people below 
the median income, many of us changed our position and pushed for 
reform of Fannie Mae and Freddie Mac.
  Unfortunately, that didn't happen, because of a dispute between the 
Republican House and the Republican Senate, until 2007, when this House 
took the lead and finally got it done in 2008. But the problem was that 
throughout that, we had ideological opposition from the deregulators 
against restricting subprime loans of the sort that led to trouble, and 
the FHA doesn't do that.
  Mr. Speaker, I would submit for the Record letters from the Mortgage 
Bankers Association, National Association of Home Builders, National 
Association of REALTORS, Centers for Responsible Lending, the National 
Association of Consumer Advocates, the National Council of La Raza, 
Consumer Federation of America who point out not that we don't need 
restriction but that the FHA already has them. Again, to confuse this 
with the situation in which ideological opposition to sensible 
regulation allowed subprime loans to predominate outside the FHA is a 
confusion of the reality.

                                                     June 9, 2010.
     Hon. Barney Frank,
     Chair, House Committee on Financial Services, Rayburn House 
         Office Building, Washington, DC.
       Dear Congressman Frank: The Federal Housing 
     Administration's mortgage insurance program has never been 
     more important to our housing markets than it is today. 
     During this period of prolonged stress in our markets, 
     Congress should avoid making any program changes that would 
     further harm consumers and stall our economic recovery. The 
     organizations listed below strongly oppose amendments to H.R. 
     5072, the FHA Reform Act, which would increase FHA's 
     downpayment requirement, decrease FHA's loan limits, or 
     otherwise limit FHA's ability to insure loans.
       Raising FHA's downpayment requirement will do little to 
     strengthen FHA's capital reserve ratio. Rather, it will put 
     homeownership out of reach for many families and for others 
     could deplete their cash reserves for home and other 
     emergencies. Increasing FHA's downpayment could 
     disenfranchise more than 300,000 responsible homeowners. We 
     strongly oppose this amendment offered by Rep. Garrett (R-
     NJ).
       We also oppose an amendment offered by Rep. Price (R-GA) 
     that would limit FHA's market share to 10 percent of the 
     housing finance market. We all welcome the return of private 
     lending and corresponding reduction in FHA's market share, as 
     that will indicate a return to a healthy housing market. But 
     today, FHA is appropriately serving its countercyclical role 
     of providing credit and needed liquidity when the private 
     market is not available to many homebuyers. Legislating an 
     arbitrary reduction in market share in the midst of a housing 
     downturn will have a negative impact on homeownership. We 
     strongly oppose this amendment which will dramatically harm 
     our nation's economic recovery.
       Lastly, we ask you to oppose an amendment by Rep. Turner 
     (R-OH) that would reduce the FHA loan limits. FHA's loan 
     limits were temporarily increased in the Economic Stimulus 
     Act of 2008. These higher limits allow American families in 
     communities nationwide to obtain safe, affordable mortgage 
     financing. Decreasing these limits would have a significant 
     impact on the recovery of many housing markets and the 
     overall liquidity of the mortgage industry. Today the private 
     market for loans above the existing limits is small. Reducing 
     the FHA limits will paralyze home sales above the cap, and 
     hurt our housing recovery.
       FHA is a critical part of our housing economy. Its programs 
     offer borrowers access to prime-rate mortgages, require 
     stringent underwriting, and will not insure a loan with a 
     loan-to-value greater than 96.5 percent. We urge you to 
     oppose these amendments that will only hamper this important 
     program.
           Sincerely,
     Mortgage Bankers Association.
     National Association of Home Builders.
     National Association of REALTORS'.
                                  ____

                                                     June 7, 2010.
       Dear Representative: We write in strong support of H.R. 
     5072, FHA Reform Act of 2010, scheduled for consideration by 
     the House this week. The Federal Housing Administration (FHA) 
     is playing its intended countercyclical role, providing 
     borrowers with access to prime credit. Moreover, the FHA has 
     already taken aggressive steps to manage credit risk and it 
     has appropriate discretion to take additional action as 
     necessary. H.R. 5072 provides the necessary tools to insure 
     the financial stability of FHA and to protect taxpayers from 
     risk.
       We strongly oppose any amendments to further raise the FHA-
     required downpayment. Congress addressed this issue in 2008 
     with the passage of the Housing and Economic Recovery Act, 
     which increased FHA's downpayment requirement from 3 percent 
     to 3.5 percent. The current downpayment requirement 
     represents a significant financial commitment and sufficient 
     investment to insure a borrower's seriousness about 
     homeownership. Increasing FHA's downpayment to 5 percent 
     would, according to the U.S. Department of Housing and Urban 
     Development, reduce the volume of loans endorsed by FHA by 
     more than 40 percent, while only contributing $500 million in 
     additional budget receipts (as opposed to the expected $4.1 
     billion from the other announced changes to the program).
       The proposed change could have an especially harsh impact 
     on African-American and Hispanic borrowers, who traditionally 
     have much lower accumulated wealth and have benefited from 
     the opportunities that fully documented, standard FHA loans 
     with low down payments offer.
       FHA is a critical part of our nation's economic recovery. 
     Increasing the downpayment requirement will make 
     homeownership more difficult for American families and 
     disenfranchise more than 300,000 responsible homebuyers. This 
     is not the time to make unnecessary steps to a program that 
     is serving such a vital function in our housing finance 
     system. We urge you to oppose any amendments to increase 
     FHA's downpayment requirement.
           Sincerely,
     Center for Responsible Lending.
     Consumer Federation of America.
     National Association of Consumer Advocates.
     National Association of REALTORS'.
     National Council of La Raza.
     National Fair Housing Alliance.

  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Garrett).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. GARRETT of New Jersey. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New Jersey 
will be postponed.


                 Amendment No. 6 Offered by Mr. Tierney

  The Acting CHAIR (Mr. Cuellar). It is now in order to consider 
amendment No. 6 printed in House Report 111-503.
  Mr. TIERNEY. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of the bill, add the following new section:

     SEC. 16. MORTGAGE INSURANCE PREMIUM REFUNDS.

       (a) Authority.--The Secretary of Housing and Urban 
     Development shall, to the extent that amounts are made 
     available pursuant to subsection (c), provide refunds of 
     unearned premium charges paid at the time of insurance for 
     mortgage insurance under title II of the National Housing Act 
     (12 U.S.C. 1707 et seq.) to or on behalf of mortgagors under 
     mortgages described in subsection (b).
       (b) Eligible Mortgages.--A mortgage described in this 
     section is a mortgage on a one- to four-family dwelling 
     that--
       (1) was insured under title II of the National Housing Act 
     (12 U.S.C. 1707 et seq.);
       (2) is otherwise eligible, under the last sentence of 
     subparagraph (A) of section 203(c)(2) of such Act (12 U.S.C. 
     1709(c)(2)(A)), for a refund of all unearned premium charges 
     paid on the mortgage pursuant to such subparagraph, except 
     that the mortgage--
       (A) was closed before December 8, 2004; and
       (B) was endorsed on or after such date.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated for each fiscal year such sums as may be 
     necessary to provide refunds of unearned mortgage insurance 
     premiums pursuant to this section.

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentleman 
from Massachusetts (Mr. Tierney) and

[[Page 10488]]

a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. TIERNEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, there are instances when, after we have done all the 
research and completed all other options and exhausted them, a 
legislative remedy may still be required in order to help our 
constituents in our district offices with a particular problem. Those 
occasions give us the opportunity to evidence how Congress can work on 
their behalf, how Congress can help solve problems, and how Congress 
could have a direct and positive effect on people's lives. This is one 
of those times, and I appreciate the fact that the Rules Committee has 
made this amendment in order.
  This amendment seeks to assist those people who, while they were in 
the process of pursuing their dream of homeownership, were unfairly 
impacted by a statutory change to HUD's upfront mortgage insurance 
premium refund policy. Now, under HUD's Upfront Mortgage Insurance 
Premium Refund policy, borrowers paid an upfront mortgage insurance of 
1\1/2\ percent of their FHA loan amount, and if they prepaid their 
loans, the borrowers could be due refunds on that prepaid insurance 
amount.
  However, in 2005, with the Consolidated Appropriations Act, Congress 
included language directing that the mortgages after the time of that 
date of enactment, which was December 8, 2004, that would no longer be 
true. Borrowers would no longer be eligible for refunds of their 
prepaid insurance.
  So now there are about 15,000 people in this country who tried to do 
the right thing and play by the rules. They are constituents of all of 
ours who closed on their mortgage before that December 8, 2004, date in 
order to be able to get their refund. But, regrettably, they were 
prevented from receiving their refund because HUD didn't endorse their 
loan until after December 8, 2004. Now the constituents tell us they 
were never adequately informed by the lender of those potential 
provisions, and the lenders tell us they didn't do it because they 
weren't told by HUD until after the effective date, in fact, not until 
January of 2005.
  I know of one particular family in my district from Gloucester, 
Massachusetts, who were harmed by that new provision in the law. They 
did everything right. They played by the rules. They closed their loan 
in November of 2004 without notice of the change of law, but they have 
been prevented from receiving their refund of some $4,200 because HUD 
didn't do their mortgage until after December 10 of 2004. Certainly, 
that's an unintended consequence of the provisions in the Consolidated 
Appropriations Act of 2005.
  This amendment makes a meaningful first step toward helping certain 
eligible homeowners and borrowers, many of whom are low-income 
families, as I say, who played by the rules. I say this is a first step 
because we later have to go to Appropriations to get money to fulfill 
this policy. But this clearly is the right policy. It is the fair thing 
to do. It is the right thing to do, and we have to discuss and argue 
about the money to appropriate in order to make whole these people at a 
later date.
  But I suggest that if we all want to do the right thing by policy, I 
urge my colleagues to support this amendment.
  I reserve the balance of my time.
  Mrs. CAPITO. Mr. Chairman, I rise to claim time in opposition to the 
amendment.
  The Acting CHAIR. The gentlewoman from West Virginia is recognized 
for 5 minutes.
  Mrs. CAPITO. I think the gentleman from Massachusetts brings forward 
an issue, and I have great sympathy for those who are caught basically, 
it sounds like, in a bureaucratic maze here, missed a date not really 
by their own doing but by maybe just because of the process they were 
involved in.
  The question I have, and the reason I have skepticism on the 
gentleman's amendment, he began with, I think the number that the 
gentleman said, this may influence 15,000 folks.
  Was that the number that you said in your statement?
  I yield to the gentleman from Massachusetts.
  Mr. TIERNEY. Yes, 15,593, according to the Department.
  Mrs. CAPITO. The other question I would ask the gentleman, and I know 
we would have to go to Appropriations to get the money allotted for 
this particular amendment: What would be the approximate cost of 
something like this? This is something where we are in this time of 
debt and deficit, and we need to cut our spending here. I think we need 
to be very vigilant on the bottom line. What is the bottom line of this 
amendment?
  Mr. TIERNEY. I thank you for raising that point that this is a two-
step process. This part of the process, in fact, talks about whether we 
will have a policy that will enable us at some appropriate time to 
appropriate the money.
  Mrs. CAPITO. Right.
  Mr. TIERNEY. We are not appropriating the money now, and I think 
that's a debate for another day and another time if we decide whether 
we want to be fair to these people or put it off for some other time, 
but the total for that 15,593 people, according to the Department, 
would be $10,372,661.61, more or less.
  Mrs. CAPITO. Thank you. Very precise. I appreciate that.
  I still have skepticism even about 10 million, which in everyday 
dollars is still quite a bit of money. And, as I said, we need to look 
at what we are doing on the bottom line here.
  So, while I am very sympathetic and I think that the amendment has 
some merit, I would stand in opposition to the amendment.
  I yield back the balance of my time.
  Mr. TIERNEY. Mr. Chairman, I understand that $10 million is $10 
million, and that's a lot of money to each one of us individually and, 
of course, we should be concerned. It's not proportionately a lot in 
our $1.7 trillion budget.
  But I think the real number to look at here is what does it mean to 
these individuals who are harmed by government policy on no doing of 
their own. So if it's $4,200 to a family in my district or $4,200 to a 
family in the gentlewoman's district, that's what's driving our economy 
right now.
  For people to have every expectation of getting the return of that 
money and to play by the rules only to have the bureaucracy undercut 
them, I think that's the issue of fairness that we are dealing with 
here.
  Now, we will have an issue later on about whether or not we think now 
is the appropriate time to put $10 million on the floor to help people 
out, and that will be a day for them. But I think we should deal with 
the policy now and authorize that to be done at some date either this 
year or next year, or whenever we can make the argument in Congress 
that it's time to be fair.
  I think we can all say in this amount, given the huge meaning this is 
to individuals, now is the time to be fair; 15,000 people wronged by 
government bureaucracy in amounts that are every bit as significant to 
them individually, the $4,200, as $10 million may be to all of us in 
the aggregate. It's an impact on their lives. It's whether or not their 
families are going to be able to make it through this crisis, whether 
or not they are going to be able to meet the everyday needs of food, 
health care, education, clothing and those things that are important to 
their family.
  Again, in closing, I just reiterate, this is the authorization 
process. Let's set the policy of fairness. We can debate the other 
later. And let's keep in mind these people played by the rules, did 
what was right, and deserve to know, at least as a policy matter, 
Congress will stand with them.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Massachusetts (Mr. Tierney).
  The amendment was agreed to.


            Amendment No. 7 Offered by Mr. Price of Georgia

  The Acting CHAIR. It is now in order to consider amendment No. 7 
printed in House Report 111-503.
  Mr. PRICE of Georgia. Mr. Chair, I have an amendment at the desk.

[[Page 10489]]

  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of the bill, add the following new section:

     SEC. 16. LIMITING ON FHA SHARE OF MORTGAGE MARKET.

       (a) 10 Percent Limitation.--Section 203 of the National 
     Housing Act (12 U.S.C. 1709) is amended by inserting after 
     subsection (h) the following new subsection:
       ``(i) Limitation on FHA Market Share.--Notwithstanding any 
     other provision of law, the aggregate number of mortgages 
     secured by one- to four-family dwellings that are insured 
     under this title in fiscal year 2012 or any fiscal year 
     thereafter may not exceed 10 percent of the aggregate number 
     of mortgages on such dwellings originated in the United 
     States (but not including mortgages insured under this 
     title), as determined by the Secretary after consultation 
     with appropriate Federal financial regulatory agencies, 
     during the preceding fiscal year.''.
       (b) Plan.--Not later than the expiration of the 90-day 
     period beginning upon the date of the enactment of this Act, 
     the Secretary of Housing and Urban Development shall submit 
     to the Congress a plan setting forth a strategy and actions 
     to be taken to ensure compliance with section 203(i) of the 
     National Housing Act, as added by the amendment made by 
     subsection (a) of this section.

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentleman 
from Georgia (Mr. Price) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. PRICE of Georgia. I want to commend the chairman of the committee 
and the ranking member for moving this particular piece of legislation. 
I particularly want to commend the gentlewoman from West Virginia (Mrs. 
Capito) for her great work in this area. She has been a dynamic and an 
excellent leader in this area and, indeed, she is to be commended.
  Mr. Chairman, this bill incorporates some very positive moves. 
Clearly, the housing market has had significant challenges, and the 
question that we ought to be asking ourselves is how best to recover. 
Most experts would agree that, in order to move forward, we need to 
move toward less market distortion.
  It might be helpful if we focus on the FHA's mission and the focus 
and the requirements that they have on them. We all support the FHA 
mission. The mission is to serve first-time homebuyers in underserved 
communities, but the FHA didn't get to a 30 percent market share, Mr. 
Chairman, by lending to first-time homebuyers and by serving 
underserved communities.
  In terms of the requirements of the FHA, the requirements of the FHA 
are 3.5 percent downpayment. The private sector requires at least 10 
percent. The FHA is required to hold a 2 percent capital reserve ratio, 
but it's actual ratio is 0.53 percent. A bank is required to hold 10 
percent capital reserve ratio.
  A recent editorial in the Wall Street Journal said, According to 
Mortgage Bankers Association data, more than one in eight FHA loans is 
now delinquent, nearly triple the rate on conventional nonsubprime loan 
portfolios. Another 7.5 percent agreed that FHA loans are in serious 
delinquency, which means at least 3 months overdue. The FHA is almost 
certainly going to need a taxpayer bailout in the months ahead. The 
only debate will be about how much it will cost.
  A former chief credit officer of Fannie and Freddie Mae, Edward 
Pinto, notes that ``FHA's high-risk lending practices negatively impact 
the housing finance marketplace.'' Mr. Chairman, you can translate that 
into being increasing taxpayer exposure.

                              {time}  1215

  So if we are honest with ourselves, when appropriately sized, the FHA 
does indeed do a wonderful job and is very helpful. But at this point, 
this is just another government program that is distorting the market. 
FHA's huge market share is a hindrance to regaining equity in the 
housing market. In addition, Fannie and Freddie's unlimited government 
lifeline is also a hindrance to the housing recovery.
  My amendment would ensure that the FHA no longer crowds out the 
private market for home loans. The amendment is a modest first step to 
cap FHA new origination market share to no more than 10 percent of the 
private-market home loans each year, beginning in 2010 so there is 
significant time to adjust, so the American people are not further 
exposed to the next bailout. Mr. Chairman, that means the taxpayer is 
not exposed to greater liability.
  The American people are sick and tired of bailouts. They see another 
one on the horizon. It is time for us to act. No more bailouts. What 
they are telling us across this country is to stop the madness. This 
amendment begins the process of stopping that madness.
  Mr. Chairman, I reserve the balance of my time.
  Mr. FRANK of Massachusetts. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. FRANK of Massachusetts. I yield 2 minutes to the gentleman from 
California (Mr. Sherman).
  Mr. SHERMAN. At best, we have a fragile recovery from a massive 
recession caused by a precipitous decline in home prices. Now, I know 
the gentleman is well-intentioned, but nothing is more likely to cause 
a double dip in this recession than the second precipitous drop in home 
prices that would be caused by pulling FHA and, as the gentleman 
argues, Fannie and Freddie out of the home lending market.
  Right now, FHA is 30 percent of the home purchase finance market, 
about over half of that market for African Americans, 45 percent for 
Hispanics. Are we going to tell one-third of American home buyers, 
almost half or over half Hispanics and African Americans seeking to buy 
homes, that they are not going to be able to buy those homes? Because, 
if they can't get FHA financing, the private sector may be there, but 
at much higher rates. And there is no way that these individuals will 
be able to afford to buy those homes.
  With fewer buyers, you will see a precipitous decline in prices. That 
devastates communities further, devastates the American economy 
further.
  FHA is actuarially sound. It charges fees for the services and the 
guarantees that it provides. And to cut its role in the market by a 
third as part of an overall policy designed to take FHA, Fannie Mae, 
and Freddie Mac out of the market ignores the fact that, in these 
troubled times, those three entities--FHA, Fannie, and Freddie--account 
for almost all of the home mortgages obtained by middle-class and 
working families.
  So we should defeat the gentleman's amendment. And I want to point 
out it is opposed by the National Association of Realtors, the National 
Association of Home Builders, and the Mortgage Bankers Association.
  Mr. PRICE of Georgia. Mr. Chairman, may I ask how much time remains 
on each side?
  The Acting CHAIR. The gentleman from Georgia has 1\1/2\ minutes. The 
gentleman from Massachusetts has 3 minutes.
  Mr. PRICE of Georgia. Mr. Chairman, I appreciate the gentleman from 
California's comments. There is no doubt we are indeed in a fragile 
housing market, which is precisely why this policy would not take 
effect until 2012. It gives the Secretary significant flexibility in 
defining what that 10 percent is, but what it tries to do is to right-
size the number of mortgages, the percent of the mortgages that the FHA 
insures.
  I want to point out to all that 30 percent is a huge portion, 
historically, as it relates to what the FHA single-family insurance 
activity has comprised. From 2001 to 2007, the numbers were under 10 
percent every single year for all FHA family insurance activity. So the 
amount of 10 percent is a responsible, a reasonable number.
  What it tries to do, again, is to decrease the effect of intervention 
into the market that distorts the market. Remember, Mr. Chairman, that 
when the government distorts the market it makes it much more difficult 
for the market to recover and for us to make certain that we move in 
the direction of economic activity that we need.
  Again, the taxpayers of this country are sick and tired of bailouts. 
This is another bailout in the making if we

[[Page 10490]]

allow the process that is currently in place to continue. We should 
limit the FHA exposure to 10 percent. We do it in a responsible way, by 
saying that it would begin in 2012. We provide significant flexibility 
for the Secretary so that the program will work well.
  I urge my colleagues to adopt the amendment.
  Mr. FRANK of Massachusetts. Mr. Chairman, I yield myself the balance 
of my time.
  First, I do note a certain irony. I am glad to see my colleagues, the 
gentleman from New Jersey, the gentleman from Georgia, praise the 
gentlewoman from West Virginia for a bill which they apparently found 
severely lacking.
  I do note the gentlewoman from West Virginia voted against the prior 
amendment from the gentleman from New Jersey. I don't know where she is 
on this one, but it wasn't in the bill that I think she introduced, and 
for very good reason: A 10 percent cap is wholly arbitrary.
  Now, the gentleman says it's going to crowd out the private market, 
but the leading participants in the private housing market oppose this 
amendment, including the Mortgage Bankers, as well as Realtors and Home 
Builders, as well as all consumer groups.
  Beyond that, the reason the FHA went down so far from 2001 to 2007--
interesting group of years; guess what was happening during that 
time?--was that there was a resistance to regulation of the subprime 
market.
  The Federal Reserve was ignoring legislation Congress gave it in 1994 
to regulate subprime lending. The Bush administration, in 2004, ordered 
Fannie Mae and Freddie Mac to increase the subprime loans they bought, 
which is one reason why I changed my position on the need to be tougher 
in the regulatory field. And the FHA lost out because these imprudent 
mortgages were being given without regulation. The FHA doesn't do the 
kind of mortgages that led to problems.
  Beyond that, in recent years, towards the end of the Bush 
administration and with even greater force during the Obama 
administration, the FHA has been improving. The FHA has on its own 
said, if you've got a 580 credit score or below, it's a 10 percent 
downpayment. We mandated that they go from 3 to 3.5 percent downpayment 
and increase the upfront fees.
  In this bill--and the gentlewoman from West Virginia deserves a great 
deal of credit, along with our colleague, the gentlewoman from 
California--the FHA is given credit to require lenders who get loans 
placed with the FHA in violation of the guidelines to take back those 
loans. So it wouldn't be the taxpayer that would be on the hook for 
those loans that shouldn't have been granted and that violated the good 
guidelines of the FHA; it will be the lender.
  It also gives them the power to debar people who have a bad record, 
which is something they haven't had before.
  So we are not talking about the old FHA; we are talking about an 
improved one. And we are talking about an FHA that stands in great 
contrast to the unregulated subprime market.
  Finally, the gentleman says, ``Well, it doesn't take effect until 
2012.'' Neither he nor I knows what the housing market will look like 
in 2012. And if there's a reason not to do it now, that might also be 
there in 2012. No one can predict whether the housing--and maybe in 
2015 it will be back again into trouble.
  The housing market we don't believe is going to crash like it did 
before, but the basic point is this: The FHA has been the alternative 
to the kind of unregulated, irresponsible subprime mortgages that many 
of my friends on the other side protected, the kind of mortgages which 
they prevented us from regulating until 2007 when we were able to pass 
a bill in the House, over the objection of many of those who have 
spoken already, to regulate subprime mortgages. And because we did 
that, the Federal Reserve finally used its authority.
  I hope the amendment is defeated.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Price).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. PRICE of Georgia. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Georgia will 
be postponed.


                 Amendment No. 8 Offered by Mr. Weiner

  The Acting CHAIR. It is now in order to consider amendment No. 8 
printed in House Report 111-503.
  Mr. WEINER. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Mr. Weiner:
       At the end of the bill, add the following new section:

     SEC. 16. MAXIMUM MORTGAGE AMOUNT LIMITS FOR MULTIFAMILY 
                   HOUSING.

       (a) Elevator-type Structures.--
       (1) Amendments.--The National Housing Act is amended in 
     each of the provisions specified in paragraph (2)--
       (A) by inserting ``with sound standards of construction and 
     design'' after ``elevator-type structures'' the first place 
     such term appears; and
       (B) by striking ``to not to exceed'' and all that follows 
     through ``sound standards of construction and design'' each 
     place such terms appear and inserting ``by not more than 50 
     percent of the amounts specified for each unit size''.
       (2) Provisions amended.--The provisions of the National 
     Housing Act specified in this paragraph are as follows:
       (A) Subparagraph (A) of section 207(c)(3) (12 U.S.C. 
     1713(c)(3)(A)).
       (B) Subparagraph (A) of section 213(b)(2) (12 U.S.C. 
     1715e(b)(2)(A)).
       (C) Subclause (I) of section 220(d)(3)(B)(iii) (12 U.S.C. 
     1715k(d)(3)(B)(iii)(I)).
       (D) In section 221(d) (12 U.S.C. 1715l(d))--
       (i) subclause (I) of paragraph (3)(ii); and
       (ii) subclause (I) of paragraph (4)(ii).
       (E) Subparagraph (A) of section 231(c)(2) (12 U.S.C. 
     1715v(c)(2)(A)).
       (F) Subparagraph (A) of section 234(e)(3) (12 U.S.C. 
     1715y(e)(3)(A)).
       (b) Extremely High-cost Areas.--Section 214 of the National 
     Housing Act (12 U.S.C. 1715d) is amended--
       (1) in the first sentence--
       (A) by inserting ``, or with respect to projects consisting 
     of more than four dwelling units located in an extremely 
     high-cost area as determined by the Secretary'' after ``or 
     the Virgin Islands'' the first place such term appears;
       (B) by inserting ``, or to construct projects consisting of 
     more than four dwelling units on property located in an 
     extremely high-cost area as determined by the Secretary'' 
     after ``or the Virgin Islands'' the second place such term 
     appears; and
       (C) by inserting ``, or with respect to projects consisting 
     of more than four dwelling units located in an extremely 
     high-cost area as determined by the Secretary'' after ``or 
     the Virgin Islands'' the third place such term appears;
       (2) in the second sentence--
       (A) by inserting ``, or with respect to a project 
     consisting of more than four dwelling units located in an 
     extremely high-cost area as determined by the Secretary,'' 
     after ``or the Virgin Islands'' the first place such term 
     appears; and
       (B) by inserting ``, or in the case of a project consisting 
     of more than four dwelling units in an extremely high-cost 
     area as determined by the Secretary, in such extremely high-
     cost area,'' after ``or the Virgin Islands'' the second place 
     such term appears; and
       (3) in the section heading, by striking ``and the virgin 
     islands'' and inserting ``the virgin islands, and extremely 
     high-cost areas''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to mortgages insured under title II of the 
     National Housing Act after September 30, 2010.

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentleman 
from New York (Mr. Weiner) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. WEINER. Mr. Chairman, I appreciate the opportunity. I also want 
to thank my colleague, Mr. Miller, with whom I offer this amendment.
  This is a similar amendment--in fact, it is identical to one that was 
adopted by voice vote. There are problems with some FHA programs, and 
they are addressed in this bill. And there are some losing programs; 
there are some programs that simply haven't worked out very well.
  One program that has been a consistent money-maker for the taxpayer 
and one that has driven the marketplace to do good things is the 
Multifamily Loan Program. However, in that

[[Page 10491]]

program, the limits set for how much the loan can be guaranteed for 
have not risen as fast as the cost in a lot of communities.
  So what the Weiner-Miller amendment would do is simply raise the 
limits to keep up with the cost and create something called an 
``extreme high-cost area.''
  The way the program works is they essentially say, this is the limit 
to which we will underwrite, guarantee a loan for new construction or 
to modify a home. But if you have an apartment building--four, five, 
10, 50, 100 units--obviously the costs wind up going up as you need 
things like elevators and HVAC going into big buildings. And what 
happens is, in places like Los Angeles and New York and Las Vegas and 
Miami, these costs have simply not been kept up with. The result has 
been that the loan program has not been very useful there.
  What we do is we take a loan limit of $183,000, almost $184,000, 
create a new extreme high-cost area that the Secretary will be able to 
designate where the limits will be higher, $377,000.
  For those people who are concerned, well, are we going in the wrong 
direction and giving too much exposure to a program that we should be 
tightening up, this is a program that, unlike the single-family homes, 
where the program there has an extreme delinquency rate of about 8 
percent, this one only has one of 0.3 percent.
  Frankly, this is not a problem program, so we are just increasing the 
limits on one that really would encourage people to make loans to small 
businesses for developing.
  I urge a ``yes'' vote.
  I reserve the balance of my time.
  Mr. GARY G. MILLER of California. Mr. Chairman, I claim time in 
opposition to the amendment, although I am not in opposition to the 
amendment.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. GARY G. MILLER of California. I yield myself such time as I may 
consume.
  This amendment is exactly the same as the bill that passed this body 
by a voice vote last year, the FHA Multifamily Loan Limit Adjustment 
Act.
  FHA's multifamily mortgage insurance programs enable qualified 
borrowers to obtain long-term, fixed-rate financing for a variety of 
multifamily properties that are affordable to low- and moderate-income 
families.
  In the most expensive cites, it is very difficult for these workers, 
particularly those starting out in the workforce, to find affordable 
rental housing where they work. The FHA multifamily mortgage insurance 
program can help, but, due to its loan limits, there were only three 
FHA-insured multifamily loans for high-rise construction or 
rehabilitation approved in fiscal year 2007 and 2008--understand, just 
three--and that is a huge problem in this country. The loan limits in 
high-cost areas are simply too low.
  According to the Mortgage Bankers Association, the lack of available 
loans is creating serious problems concentrated in major cities where 
high-rise construction is involved. In fact, their data shows that 
while elevator buildings cost 45 percent more than non-elevator 
structures, the current limit for these structures are less than 10 
percent higher than non-elevator structures.
  Developers are simply unable to provide affordable housing units in 
high-cost areas because the current statutory loan limits for FHA 
mortgage insurance are basically too low. I don't think we have ever 
seen a housing market that has been as impacted as the one we have 
faced in recent years. Low-income renters and moderate-income renters 
in these particular areas are really impacted by the loan limits that 
we have placed on developers.
  We need to provide more housing stock, yet do it in a way that does 
not put taxpayers at risk. And that is what this does. The program 
makes money for the government, does not lose money for the government. 
I would absolutely support this amendment and ask all my colleagues to 
join us.
  I reserve the balance of my time.
  Mr. WEINER. I think my colleague states it very well, and I urge a 
``yes'' vote as well.
  I just want to point out, this is not a zero-sum game. There is 
nothing about the single-home market that is going to be impacted by 
this. There is nothing about the higher cost that is going to be 
impacted. This is just allowing this program to function in all 
quarters of the housing market and to take into accommodation the 
things that my colleague says, things like bigger buildings have very 
often higher costs.
  As I said, this has an outstanding delinquency rate of 0.3 percent. 
If every housing program and every housing guarantee program, despite 
the very difficult downturn, had such a small delinquency rate as this, 
then I think we would all be very happy with it. So increasing these 
limits I don't believe would have any deleterious effect.
  I urge a ``yes'' vote.
  I yield back the balance of my time.
  Mr. GARY G. MILLER of California. I agree with what my colleague 
said. When we passed this bill out last time, it had unanimous support. 
There is no impact on the Federal Government. We are taking areas that 
are high-cost, that have basically been discriminated against in the 
past from being able to participate in either a GSA loan or an FHA 
loan.
  This is a good amendment. I ask for an ``aye'' vote.

                              {time}  1230

  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New York (Mr. Weiner).
  The amendment was agreed to.


                 Amendment No. 9 Offered by Mr. Turner

  The Acting CHAIR. It is now in order to consider amendment No. 9 
printed in House Report 111-503.
  Mr. TURNER. Mr. Chairman, I have an amendment at the desk, and I ask 
for its immediate consideration.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Turner:
       At the end of the bill, add the following new section:

     SEC. 16. FHA MAXIMUM LOAN LIMITS FOR 2010.

       Section 166 of the Continuing Appropriations Resolution, 
     2010 (as added by section 104 of Public Law 111-88; 123 Stat. 
     2972) is amended--
       (1) in subsection (a), by striking ``For'' and inserting 
     ``Except as provided in subsection (c), for'';
       (2) in subsection (b), by inserting ``the lesser of the 
     applicable amount under subsection (c) of this section or'' 
     after ``but in no case to an amount that exceeds'' ; and
       (3) by adding at the end the following new subsection:
       ``(c) Absolute Ceiling Limits.--Notwithstanding any other 
     provision of this section, the maximum dollar amount 
     limitation on the principal obligation of a mortgage 
     determined under this section for any area or subarea may not 
     exceed, in the case of a one-family residence, $500,000, and 
     in the case of a 2-, 3-, or 4-family residence, the 
     percentage of such amount that bears the same ratio to such 
     amount as the dollar amount limitation determined under the 
     sixth sentence of section 305(a)(2) of the Federal Home Loan 
     Mortgage Corporation Act for a 2-, 3-, or 4-family residence, 
     respectively, bears to the dollar amount limitation 
     determined under such section for a 1-family residence.''.

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentleman 
from Ohio (Mr. Turner) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Ohio.
  Mr. TURNER. I yield myself such time as I may consume.
  Mr. Chairman, I rise today to offer an amendment that caps the 
temporary authority for the Federal Housing Administration to insure 
homes in high-cost areas at $500,000. The current temporary authority 
has the FHA insuring mortgages as high as $729,750.
  Only in Washington would a government program insure a mortgage on a 
home worth $750,000 for a low- and moderate-income program. Permitting 
FHA loans on a $750,000 home puts American taxpayers at additional 
risk. Allowing FHA-backed loans on these expensive homes contributes to 
the overinflated housing values that contributed to the foreclosure 
crisis from the beginning.
  The mortgage foreclosure crisis is not over, Mr. Chairman. There are 
still too many American families who are confronted every day with the 
risk

[[Page 10492]]

that they might lose their homes. Washington should not be in the role 
of enabling this crisis. We need to begin the process of reducing the 
dependence of these communities from artificial support, and we need to 
give the private sector the ability to step back into the market.
  The best place to facilitate this is to lower the FHA loan limit to 
homes under $500,000. The FHA has traditionally focused on low- to 
moderate-income families who are seeking to purchase homes--and for 
good reason--as these buyers need the greatest assistance in their home 
purchases. The FHA should, once again, focus their efforts on these 
buyers.
  Permitting FHA loans to purchase a $750,000 home also means fewer 
FHA-insured mortgages for Ohio families and for families across America 
who truly need them. In most of my congressional district in Ohio, the 
current FHA loan limit is $271,000, which is in line with the loan 
limit for most of the U.S. I understand that there are high-cost urban 
areas in our Nation where some homes cost more than in Ohio, but the 
FHA was designed to help low and moderate homebuyers, and it should 
focus on more moderately priced homes. Permitting FHA loans for these 
high-priced homes only limits access to true moderately priced FHA 
loans for American families who need them.
  My amendment seeks to start the process of removing higher income 
buyers off the government program designed for low to moderate buyers. 
The effect of this amendment is to limit it to the 179 counties in the 
country, but it does not reduce the assistance to the moderately priced 
homes that are the majority of the Nation.
  The FHA was intended to assist Americans in achieving the American 
dream of homeownership. We need to work to ensure that their focus 
continues to be on those who truly need the help. My amendment would 
work to that purpose, and I urge my colleagues to support it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SHERMAN. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. SHERMAN. I yield 1\1/2\ minutes to the gentleman from California 
(Mr. Gary G. Miller).
  Mr. GARY G. MILLER of California. I thank the gentleman for yielding.
  I am in strong opposition to this amendment. Over the years, I think 
in about 2001, I started arguing to raise conforming loan limits in 
high-cost areas, and it has had a tremendous benefit across this 
Nation, but it seems like everybody who comes with amendments to oppose 
that does so when it does not impact their districts.
  Now, my good friend Mr. Turner--and he is a good friend of mine--if 
you had introduced an amendment and had said to accept conforming as it 
should be, if you applied the old principles, it would be $417,000, but 
that would have had an impact on many counties in your State. So you 
introduced an amendment which said, well, let's pick an amount of 
$500,000, which means there is zero impact on the State of Ohio. So 
$500,000 is a great amount to pull out of the air when it doesn't 
impact you, personally.
  In L.A. County, the loan limits are $729,750. In Orange County, the 
limits are $729,750. These are some of the best-performing loans FHA is 
making. When you look at GSE and FHA nationwide, they are making over 
90 percent of the loans in this country. If they were not there today, 
people would not be able to sell loans in high-cost areas.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. SHERMAN. I yield the gentleman an additional 30 seconds.
  Mr. GARY G. MILLER of California. You would not be able to sell a 
home in a high-cost area, nor would you be able to buy a home in a 
high-cost area. Now, if this were in some way impacting the Federal 
Government or taxpayers, I would absolutely agree with my good friend.
  I will say again to my good friend, Mr. Turner, that I would agree 
with this, but this is not impacting taxpayers. It is not impacting 
FHA. It has some of the best-performing loans. Why should people who 
live in high-cost areas be basically penalized just because we want to 
pick a number of $500,000 out of the air, which will have no benefit to 
anybody anywhere?
  I absolutely think this is a wrong amendment. I oppose it, and I ask 
my colleagues to oppose this amendment.
  Mr. TURNER. Well, I appreciate my good friend Mr. Miller's statement.
  There is one that I do want to correct, though, which is that all of 
Ohio would be under his suggested limit of 415. We certainly could have 
picked a lower number. My community is at 271.
  The issue becomes one of, well, we're in a financial crisis, and 
we're having bailouts and mortgage foreclosures across the country. We 
look to this issue as one of basic math. The larger the loan amount, 
the more the risk. When there is fluctuation in the market, a 
percentage of a larger number is a larger loss, leading to, certainly, 
an issue of more increased incidences of a likelihood of foreclosure.
  Also, the issue of larger loan amounts means fewer loans which could 
be provided assistance. There is a limited amount here, and with that 
limited amount, if it is carved up into $750,000 home sales versus 
those that are going to more moderately priced homes, you certainly 
will have less resources with which to provide that assistance.
  This is basic math. When we look across the country during this 
mortgage foreclosure crisis, we have to be very concerned about how we 
ensure that we are assisting home buyers, low and moderate buyers. At 
the same time, we have to ensure we are not overly inflating the market 
and that we are not putting the taxpayers at greater risk.
  I reserve the balance of my time.
  Mr. SHERMAN. A quick inquiry: Do I have the right to close, or does 
the gentleman from Ohio have the right to close?
  The Acting CHAIR. The gentleman from California has the right to 
close.
  Mr. SHERMAN. I reserve the balance of my time.
  Mr. TURNER. Mr. Chairman, I urge all of my colleagues to support this 
measure, which makes good financial and fiscal sense. It would lower 
the amount, providing greater assistance because there would be a 
greater number of loans which could be provided assistance. At the same 
time, it would lower the risk to taxpayers, and it would lower the risk 
of bailouts by making these higher-cost areas, the more risky areas, 
conform to an amount that really would be more reflective of our goal 
of low and moderate home buyers who receive assistance from the FHA.
  I yield back the balance of my time.
  Mr. SHERMAN. I yield myself the remainder of the time.
  Mr. Chairman, I think the gentleman's definition of ``risk'' and his 
arithmetic are a bit faulty. To say that $1 billion of smaller loans 
carries less risk than $1 billion of larger loans is not something one 
can determine except by looking at the performance of those loans.
  As the gentleman from California (Mr. Gary G. Miller) pointed out, 
those larger loans perform better. The FHA, therefore, has less 
insurance risk and, actually, usually, makes a profit on those loans. 
So to say that loans in Los Angeles take away from loans in Ohio and 
expose the Federal Government to more risk than loans in Ohio is simply 
false.
  Mr. GARY G. MILLER of California. Will the gentleman yield?
  Mr. SHERMAN. I will yield to the gentleman from California.
  Mr. GARY G. MILLER of California. A question for you: there has been 
a perception created that somehow, by eliminating the high-cost areas, 
the FHA could insure more loans. Yet that is not real because the FHA 
can insure all of the loans they want irrespective of the volume of the 
loans. It does not have any impact on FHA's ability whatsoever. Am I 
correct on that?
  Mr. SHERMAN. The gentleman is correct. This is not an anti-Ohio 
stance that the two gentlemen from California are taking.
  The fact is there is this image that some have from other parts of 
the

[[Page 10493]]

country that, if a home sells for more than $500,000, the people in it 
must be rich. That is not how things work in the 122 counties that are 
affected by this amendment. In my area, if a police officer is married 
to a teacher, they're in a home of over $500,000. Now, that's very 
difficult for them to afford. That ends up tying up their retirement 
money for better or for worse, but that is how expensive it is to live 
in some parts of this country.
  To say that, because people are buying a home of over $500,000 that 
they are rich and do not deserve the same kind of help the gentleman 
from Ohio thinks middle class families in his district deserve, it is 
the same kind of help that middle class families in my district 
deserve.
  Now, this amendment is opposed by the Mortgage Bankers Association, 
by the National Association of Home Builders and by the National 
Association of Realtors, not just the California divisions of those 
entities but entities that represent the entire country. I don't think 
that the Ohio Realtors would be here supporting this amendment. I don't 
think the Nebraska Realtors would be. And I don't think the National 
Association of Realtors would be here opposing this amendment if the 
amendment were going to help major swaths of this country.
  The fact is that the FHA's current program helps California without 
hurting those other States. It helps the Washington area, the New York 
area, much of Virginia, et cetera. The worst thing we could do for this 
economy is to cause a precipitous decline in the price of homes in the 
major metropolitan areas of this country. Our recovery is fragile. The 
program, the way it works now, allows middle class families in both Los 
Angeles and in Ohio to be able to finance homes, and we ought to vote 
down this amendment.
  So please join with Chairman Frank, with Chairwoman Waters, with the 
National Association of Realtors, Home Builders, and Mortgage Bankers 
in urging a ``no'' vote.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Turner).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. TURNER. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Ohio will be 
postponed.


                 Amendment No. 10 Offered by Ms. Clarke

  The Acting CHAIR (Mr. Rahall). It is now in order to consider 
amendment No. 10 printed in House Report 111-503.
  Ms. CLARKE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 10 offered by Ms. Clarke:
       Page 21, line 3, strike ``and''.
       Page 21, line 8, strike the period and insert ``; and''.
       Page 21, after line 8, insert the following:
       (E) analyzes the effectiveness of the loss mitigation home 
     retention options of the Department of Housing and Urban 
     Development in assisting individuals in avoiding home 
     foreclosure for mortgages on 1- to 4-family residences 
     insured under subsection (b) or (k) of section 203, section 
     234(c), or section 251 of the National Housing Act, 
     particularly for low-income individuals (as such term is 
     defined in section 103 of the Riegle Community Development 
     and Regulatory Improvement Act of 1994 (12 U.S.C. 4702)).

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentlewoman 
from New York (Ms. Clarke) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from New York.
  Ms. CLARKE. Mr. Chairman, I thank my colleagues, Chair Waters and 
Chairman Frank, for bringing this important bill to the floor today and 
for supporting my amendment, which is cosponsored by Representative 
Cuellar from Texas.
  Before I speak about my amendment, I want to quickly recognize the 
significance of H.R. 5072. This bill will make essential reforms to 
strengthen the financial footing of the FHA, and it will enhance its 
authority to go after fraudulent lenders who have preyed on the most 
vulnerable of borrowers for far too long.
  Mr. Chairman, many people have blamed this foreclosure crisis on the 
borrowers while some individuals, desperate to achieve the American 
Dream, may have sought to cut corners in the process. Fraudulent and 
unscrupulous lenders ultimately held the purse strings. These lenders 
bear a great deal of the burden for the foreclosure crisis, which 
continues to impact Americans and to devastate communities from coast 
to coast.
  Last year, New York City saw a record 20,000 foreclosure filings. 
According to data compiled by the Furman Center for Real Estate and 
Urban Policy at New York University, in the first quarter of 2010, 
there were 4,226 foreclosures across New York City, up 16.3 percent 
from 2008. Brooklyn alone experienced 1,546 foreclosures in the first 
quarter of 2010.
  Since the beginning of the FHA, Commissioner Stevens' tenure in 2009, 
the Commissioner and Deputy Assistant Secretary Bott have taken several 
steps to assess and to strengthen FHA's foreclosure mitigation 
capabilities, beginning with a thorough review of FHA and of private 
lender loss mitigation and foreclosure preventative activities. The FHA 
trained almost 2,000 staff lenders on how to better serve FHA borrowers 
to avoid foreclosure, to identify lenders which are underperforming and 
to share best practices to improve foreclosure mitigation performance.

                              {time}  1245

  FHA assisted more than 450,000 borrowers in the past year to avoid 
foreclosure through a variety of loss mitigation programs, but my 
constituents are telling me that more can be done to support the 
foreclosure counseling efforts. We must determine if enough resources 
are being devoted to foreclosure mitigation, especially for low-income 
borrowers. That is why I proposed this amendment, along with Mr. 
Cuellar, which would direct GAO to analyze the effectiveness of HUD's 
loss mitigation home retention efforts in helping distressed borrowers, 
especially low-income borrowers, hold on to their American Dream. While 
the FHA is working to strengthen its mitigation capabilities, resources 
for these efforts are likely insufficient for the massive size of the 
program.
  I'd like to thank Representative Cuellar for joining me in this 
effort. Low-income borrowers in rural areas such as Mr. Cuellar's 
district in Texas are facing the same challenges as those in distressed 
urban areas such as parts of my district in Brooklyn.
  I encourage my colleagues to support this amendment to assist our 
Nation to overcome our foreclosure crisis.
  Mr. Chairman, I reserve the balance of my time.
  Mrs. CAPITO. Mr. Chairman, I rise to claim the time in opposition, 
although I am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentlewoman from West 
Virginia is recognized for 5 minutes.
  There was no objection.
  Mrs. CAPITO. Mr. Chairman, just briefly, I would like to thank both 
the sponsors of the bill. Certainly the intent is for more information 
and certainly more accurate information to look at the programs that 
we're putting forth and that have been put forth to see if the loss 
mitigation efforts are working and in what ways we can improve them. So 
I congratulate you and I urge support of the amendment.
  I yield back the balance of my time.
  Ms. CLARKE. I want to thank my colleague on the other side of the 
aisle for seeing the usefulness in this amendment. I want to thank Mr. 
Cuellar for being a partner and for bringing this amendment forward.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from New York (Ms. Clarke).
  The amendment was agreed to.


                  Amendment No. 11 Offered by Mr. Nye

  The Acting CHAIR. It is now in order to consider amendment No. 11 
printed in House Report 111-503.
  Mr. NYE. Mr. Chairman, I have an amendment at the desk.

[[Page 10494]]

  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 11 offered by Mr. Nye:
       At the end of the bill, add the following new section:

     SEC. 16. SPECIAL FORBEARANCE FOR MORTGAGORS WITH CHINESE 
                   DRYWALL.

       The provisions of Mortgagee Letter 2002-17 of the Secretary 
     of Housing and Urban Development (regarding ``Special 
     Forbearance: Program Changes and Updates'') relating to Type 
     I Special Forbearance shall apply, until the conclusion of 
     fiscal year 2011 and may not be revoked, annulled, repealed, 
     or rescinded during such period, with respect to mortgagees 
     of mortgages insured under title II of the National Housing 
     Act that are secured by one- to four-family dwellings that 
     have problem or damaging drywall products.

  The Acting CHAIR (Mr. Cuellar). Pursuant to House Resolution 1424, 
the gentleman from Virginia (Mr. Nye) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. NYE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I stand here today to continue the fight for my 
constituents in Hampton Roads, Virginia, and for thousands of families 
across the United States against a nefarious adversary, toxic Chinese 
drywall.
  Chinese drywall has serious health implications. The toxins released 
from the drywall reek of chemicals and rotten eggs. They corrode a 
home's electrical systems and can cause deep, hacking coughs, bloody 
noses, and eye irritation. However, the scariest fact is that we still 
do not know what long-term health effects Chinese drywall will have.
  Since January of last year, more than 3,300 cases have been reported 
from 37 States and the District of Columbia. Families have been left 
with an impossible choice: live in a contaminated home or pay tens if 
not hundreds of thousands of dollars to rip out and replace their 
home's drywall.
  In my district, I have visited these homes and I've spoken with the 
families. Many of them have been forced to move in with friends or 
relatives; many others are now living in rental housing, paying for 
both the cost of the mortgage and the cost of rent or, even worse, 
living in the home, unable to afford repairs. And still others have 
made the toughest decision: walking away from their homes. This is bad 
for our recovering housing market and bad for our economy, and it's bad 
for American families.
  Mr. Chairman, my commonsense amendment will extend the Federal 
Housing Administration's special forbearance program for American 
homeowners by providing forbearances for those who suffer from toxic 
Chinese drywall through fiscal year 2011. This reprieve has allowed 
countless families to get back on their feet and repair their homes.
  As cochairman of the Congressional Contaminated Drywall Caucus, I 
commend the Federal Housing Administration for working with Congress 
and American homeowners. Providing temporary forbearances for those who 
suffer from Chinese drywall through no fault of their own is something 
the Federal Government must continue to support. I hope my colleagues 
will join me in supporting this amendment.
  I reserve the balance of my time.
  Mrs. CAPITO. I rise to claim the time in opposition, although I'm not 
opposed to the gentleman's amendment.
  The Acting CHAIR. Without objection, the gentlewoman from West 
Virginia is recognized for 5 minutes.
  There was no objection.
  Mrs. CAPITO. As the Congressman has stated, his amendment merely 
ensures that HUD will take no action between now and the end of FY 2011 
to bar the Chinese drywall victims from eligibility from HUD's special 
mitigation and forbearance program. Since this does not create a new 
program or new spending, it just ensures an existing effort by HUD to 
extend aid to Chinese drywall victims remains in place through FY 2011, 
I commend the gentleman on his amendment, and I support the gentleman's 
amendment.
  I yield back the balance of my time.
  Mr. NYE. I thank my colleague from West Virginia for her support of 
the amendment. I urge all of my colleagues to support this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Nye).
  The amendment was agreed to.


            Amendment No. 12 Offered by Mr. Edwards of Texas

  The Acting CHAIR. It is now in order to consider amendment No. 12 
printed in House Report 111-503.
  Mr. EDWARDS of Texas. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mr. Edwards of Texas:
       At the end of the bill, add the following new section:

     SEC. 16. REQUIRED CERTIFICATIONS.

       Section 203 of the National Housing Act (12 U.S.C. 1709), 
     as amended by the preceding provisions of this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(z) Required Certifications.--Notwithstanding any other 
     provision of law, the Secretary may not insure any mortgage 
     secured by a one- to four-family dwelling unless the 
     mortgagor under such mortgage certifies, under penalty of 
     perjury, that the mortgagor has not been convicted of a sex 
     offense against a minor (as such terms are defined in section 
     111 of the Sex Offender Registration and Notification Act (42 
     U.S.C. 16911)).''.

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentleman 
from Texas (Mr. Edwards) and a Member opposed each will control 5 
minutes.
  The Chair now recognizes the gentleman from Texas.
  Mr. EDWARDS of Texas. Mr. Chairman, Members, my amendment is a 
simple, commonsense protection for children and families. It requires 
anyone seeking to benefit from the terms of an FHA mortgage to certify 
under penalty of perjury that they have not been convicted of a sex 
offense against a minor. This amendment ensures that taxpayers will not 
be on the hook for loans made to convicted child sex offenders.
  There are 704,000 registered sex offenders currently living in our 
communities, and experts estimate as many as 100,000 convicted sex 
offenders are lost in the system. Recent research has shown that there 
is a high repeat rate for sexual crimes, and even higher amongst those 
who commit these crimes against children. As a result, in the past 2 
years, Congress has passed a series of laws adopting the use of sex 
offender registries and community notification systems for sexually 
violent offenders and those committing offenses against children.
  While we cannot prevent registered child sex offenders from moving 
into our communities, we do not need to provide them the additional 
benefits offered by an FHA home loan if they try to do so. With an FHA 
home loan, taxpayers are liable if the loan defaults. I do not believe, 
I don't think most Members of this House believe, and I know most 
Americans do not believe that taxpayers should be on the hook for a 
home loan of someone who has committed a sex offense against a minor.
  A quarter of a million children are sexually assaulted every year in 
my home State of Texas, according to the National Crime Victims 
Research and Treatment report. There are still private market 
alternatives to FHA loans, and we want to continue to discourage any 
kind of federally financed reward or taxpayer-backed benefit to sex 
offenders reentering our communities. For example, sex offenders are 
already banned from residing in section 8 public housing. My amendment 
continues that pro-family stance.
  The certification requirement in this amendment is a strong 
enforcement mechanism which will not put additional burdens on small 
businesses.
  And so, Mr. Chairman, I urge support of my amendment to protect our 
communities and to prohibit those who have committed a sex offense 
against a minor from benefiting from government-backed FHA loans.
  I reserve the balance of my time.
  Mrs. CAPITO. I would like to claim time in opposition, although I am 
not

[[Page 10495]]

opposed to the gentleman's amendment.
  The Acting CHAIR. Without objection, the gentlewoman from West 
Virginia is recognized for 5 minutes.
  There was no objection.
  Mrs. CAPITO. The gentleman's amendment is similar to previous efforts 
by Republicans in past housing debates to ensure that convicted sex 
offenders are unable to receive the Federal aid to obtain housing 
through the FHA. I think the intent and the direction that the 
gentleman is going to absolutely appropriate. I support his amendment.
  I yield back the balance of my time.
  Mr. EDWARDS of Texas. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Edwards).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. EDWARDS of Texas. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas will 
be postponed.


                 Amendment No. 13 Offered by Mr. Maffei

  The Acting CHAIR. It is now in order to consider amendment No. 13 
printed in House Report 111-503.
  Mr. MAFFEI. Mr. Chairman, I rise as the designee of Mr. Adler to 
offer an amendment on behalf of Mr. Adler and myself, and it is at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Mr. Maffei:
       At the end of the bill, add the following new section:

     SEC. 16. PROHIBITION ON USE OF FUNDS FOR CERTAIN FEDERAL 
                   EMPLOYEES.

       None of the funds authorized under this Act or any 
     amendment made by this Act may be used to pay the salary of 
     any individual engaged in activities related to title II of 
     the National Housing Act who has been officially disciplined 
     for violations of subpart G of the Standards of Ethical 
     Conduct for Employees of the Executive Branch for viewing, 
     downloading, or exchanging pornography, including child 
     pornography, on a Federal Government computer or while 
     performing official Federal Government duties.

  The Acting CHAIR. Pursuant to House Resolution 1424, the gentleman 
from New York (Mr. Maffei) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. MAFFEI. Mr. Chairman, I want to thank Chairman Frank and 
Chairwoman Waters for bringing this bill and my amendment to the floor.
  We were all outraged when we learned that dozens of employees at the 
Securities and Exchange Commission were found to have been using their 
government-issued computers to view pornography. Some of these 
employees were senior staffers, earning as much as $222,000 a year. One 
SEC attorney in Washington, D.C., spent up to 8 hours a day watching 
pornography. An accountant in a regional office was denied access by 
the government firewall 16,000 times when he tried to access Web pages 
containing sexually explicit material.
  Mr. Chairman, this behavior, these abuses are not just an abuse of 
government resources but also of the public trust. It undermines 
confidence in our institutions. It subjects the thousands of SEC and 
other government employees who work hard every day to a diminishment, 
and, simply put, it is outrageous and unacceptable.
  This amendment is very simple. It simply says that if you are an FHA 
employee who is officially disciplined for viewing, downloading, or 
exchanging pornography, including child pornography, you lose your job. 
No private business in America would tolerate this kind of behavior, 
and there's no reason our government institutions should either.
  Again, very, very simple. If you're caught and officially disciplined 
for viewing, downloading, or exchanging pornography, you lose your job. 
It's that simple.
  This should not be a partisan issue, and I urge swift passage of this 
amendment.
  I reserve the balance of my time.
  Mrs. CAPITO. I rise to claim the time in opposition, although I am 
not opposed to the gentleman's amendment.
  The Acting CHAIR. Without objection, the gentlewoman from West 
Virginia is recognized for 5 minutes.
  There was no objection.
  Mrs. CAPITO. I would just reiterate that the Congressman's amendment 
seeks to ensure that the employees hired by FHA as a result of funds 
made available in this bill are in good standing and not guilty of 
viewing any previous pornography or any related disciplinary measures.
  As the gentleman said, I think all of us, and certainly throughout 
the country, were stunned to learn some of the statistics of certain 
government employees not only viewing inappropriate material, but the 
absolute, incredible waste of government resources and waste of time 
that these employees have engaged in.
  So, I think it's right and proper, as this amendment moves forward, 
to ensure that we protect against those abuses in the future. I support 
the gentleman's amendment.
  I yield back the balance of my time.

                              {time}  1300

  Mr. MAFFEI. Mr. Chairman, I want to thank the gentlewoman from West 
Virginia for her support of this amendment.
  I again want to reiterate that thousands and thousands of workers at 
the Securities and Exchange Commission and other government agencies 
are extraordinarily hardworking, would never engage in this kind of 
behavior. And, in fact, the reason why this amendment is so important 
is to protect their reputation for the important jobs they do.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New York (Mr. Maffei).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. MAFFEI. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New York 
will be postponed.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 111-503 on 
which further proceedings were postponed, in the following order:
  Amendment No. 1 by Ms. Waters of California;
  Amendment No. 5 by Mr. Garrett of New Jersey;
  Amendment No. 7 by Mr. Price of Georgia;
  Amendment No. 9 by Mr. Turner of Ohio;
  Amendment No. 12 by Mr. Edwards of Texas;
  Amendment No. 13 by Mr. Maffei of New York.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


          Amendment No. 1 Offered by Ms. Waters of California

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from 
California (Ms. Waters) on which further proceedings were postponed and 
on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 417, 
noes 3, not voting 17, as follows:

                             [Roll No. 347]

                               AYES--417

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman

[[Page 10496]]


     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     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
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kildee
     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)
     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
     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
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     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)
     Sablan
     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
     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)
     Young (FL)

                                NOES--3

     Broun (GA)
     Flake
     Paul

                             NOT VOTING--17

     Barrett (SC)
     Davis (CA)
     Davis (IL)
     Eshoo
     Faleomavaega
     Harman
     Hinojosa
     Hoekstra
     Inglis
     Johnson (GA)
     Kennedy
     Kilpatrick (MI)
     Lewis (GA)
     McHenry
     Olson
     Putnam
     Shuster

                              {time}  1329

  Mr. MACK changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  (By unanimous consent, Mr. Pomeroy was allowed to speak out of 
order.)


                In Memory of Congressman Arthur A. Link

  Mr. POMEROY. Mr. Chairman, last week, former Congressman Arthur A. 
Link who served in the 92nd Congress passed away. One week earlier, he 
celebrated his 96th birthday and 71st wedding anniversary with his 
beloved wife, Grace.
  Mr. Link held elected office in North Dakota for 34 years, including 
the State legislature, in the Congress, and as Governor from 1973 to 
1980. Not bad for someone with an 8th grade education who farmed and 
ranched in the sparsely populated northwestern part of our State. Art 
Link's importance to North Dakota is significant not just for his time 
in public office but for his 30 years of exemplary activity he and 
Grace spent after Governor, remaining deeply engaged in North Dakota 
activities.
  He is remembered for his rock-solid values of integrity, decency, 
humility, and a deep sense that we are passing stewards of the land 
whose responsibility is to make certain things are in good shape for 
those who follow.
  His philosophy is beautifully expressed in a short but unforgettable 
speech, ``When the Land is Quiet Again,'' and I will add to the Record 
this speech. I commend it to each of you, for the words have timeless 
relevance and seem especially pertinent given the events of these days.

                    [Speech given October 11, 1973]

                   When the Landscape Is Quiet Again

                      (By Governor Arthur A. Link)

       We do not want to halt progress.
       We do not plan to be selfish and say ``North Dakota will 
     not share its energy resource.''
       No, we simply want to insure the most efficient and 
     environmentally sound method of utilizing our precious coal 
     and water resources for the benefit of the broadest number of 
     people possible.
       And when we are through with that and the landscape is 
     quiet again, when the draglines, the blasting rigs, the power 
     shovels and the huge gondolas cease to rip and roar!
       And when the last bulldozer has pushed the last spoil pile 
     into place, and the last patch of barren earth has been 
     seeded to grass or grain, let those who follow and repopulate 
     the land be able to say, our grandparents did their job well.
       The land is as good and, in some cases, better than before.
       Only if they can say this will we be worthy of the rich 
     heritage of our land and its resources.

  I loved Art Link and can honestly say to each of you, this Chamber 
has never seen a more genuine, committed, and thoroughly decent Member.
  Mr. Chairman, I ask the House to observe a moment of silence in honor 
of former Congressman and Governor Arthur A. Link.
  The Acting CHAIR. Members will rise for a moment of silence.


          Amendment No. 5 Offered by Mr. Garrett of New Jersey

  The Acting CHAIR. Without objection, 5-minute voting will continue.
  There was no objection.
  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from New Jersey 
(Mr. Garrett) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 131, 
noes 289, not voting 17, as follows:

                             [Roll No. 348]

                               AYES--131

     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Bilirakis
     Bishop (UT)

[[Page 10497]]


     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Burgess
     Burton (IN)
     Buyer
     Camp
     Campbell
     Cantor
     Carter
     Cassidy
     Chaffetz
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doggett
     Dreier
     Duncan
     Emerson
     Fallin
     Flake
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Hall (TX)
     Halvorson
     Harper
     Hastings (WA)
     Hensarling
     Herger
     Hunter
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     King (NY)
     Kingston
     Kirk
     Lamborn
     Latta
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Mack
     Manzullo
     McCaul
     McClintock
     McMorris Rodgers
     Mica
     Miller (FL)
     Minnick
     Mitchell
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Price (GA)
     Roe (TN)
     Rogers (AL)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Schrader
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Smith (TX)
     Smith (WA)
     Stearns
     Sullivan
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wolf

                               NOES--289

     Ackerman
     Aderholt
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Boccieri
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Calvert
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutch
     Dicks
     Dingell
     Djou
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Etheridge
     Farr
     Fattah
     Filner
     Fleming
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilroy
     Kind
     King (IA)
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum
     McCotter
     McDermott
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Quigley
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (KY)
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Snyder
     Space
     Speier
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Wittman
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--17

     Barrett (SC)
     Blumenauer
     Butterfield
     Davis (CA)
     Davis (IL)
     Eshoo
     Faleomavaega
     Hinojosa
     Hoekstra
     Inglis
     Kilpatrick (MI)
     McGovern
     McHenry
     Putnam
     Radanovich
     Shuster
     Spratt


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining on 
this vote.

                              {time}  1340

  Messrs. DELAHUNT and MORAN of Virginia changed their vote from 
``aye'' to ``no.''
  Messrs. FORBES and ROHRABACHER changed their vote from ``no'' to 
``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  (By unanimous consent, Mr. Wilson of South Carolina was allowed to 
speak out of order.)


                   In Honor of Rev. Eddie Lee Carter

  Mr. WILSON of South Carolina. Today, I rise to recognize Rev. Eddie 
Lee Carter on the occasion of his retirement from serving here in the 
House where since 2004 Rev. Carter has been repairing and shining 
shoes.
  Rev. Eddie Lee Carter and I have a shared heritage. He was born at 
Beech Island, South Carolina, and my grandfather was born at Beech 
Island, in Aiken County, South Carolina. At a very young age, his 
family moved to Augusta, Georgia, which was nearby, and he attended 
elementary school with the world-famous musician James Brown, another 
great South Carolinian.
  Rev. Carter first began to work on shoes as a young man, even before 
he joined the Army in 1953. Rev. Carter was stationed primarily in 
Germany while serving in the Army. A musician himself, he was renowned 
for singing and entertaining generals when they passed through the 
post. In 1955, Rev. Carter left the Army with the rank of corporal and 
later moved to Washington from Augusta to work at Stern Shoe Repair.
  In 1992, he was ordained a Methodist minister. On June 7, 2004, Rev. 
Carter came to work at the U.S. Capitol repairing and shining shoes. He 
currently lives at Fort Washington, Maryland, with his wife, Molly 
Anthony Carter. They have been married for 28 years. He has a son, and 
Mrs. Carter has two sons. On Friday, he plans to retire to spend more 
time with the congregation.
  Personally, I will always remember Rev. Carter's cheerfulness and 
encouragement, his quiet reading of the Bible, and his proud wearing of 
U.S.-South Carolina flag pin.
  Godspeed, Rev. Carter.


            Amendment No. 7 Offered by Mr. Price of Georgia

  The Acting CHAIR. Without objection, 5-minute voting will continue.
  There was no objection.
  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Georgia 
(Mr. Price) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 106, 
noes 316, not voting 15, as follows:

                             [Roll No. 349]

                               AYES--106

     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Bilirakis
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Boustany
     Brady (TX)
     Broun (GA)
     Burgess
     Burton (IN)
     Buyer
     Camp
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coffman (CO)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Emerson
     Flake
     Fleming
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Granger
     Graves
     Griffith
     Hall (TX)
     Harper
     Hastings (WA)
     Hensarling
     Herger
     Issa

[[Page 10498]]


     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Lamborn
     Latta
     Linder
     Luetkemeyer
     Lummis
     Mack
     Marchant
     McCaul
     McClintock
     McMorris Rodgers
     Miller (FL)
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Pence
     Petri
     Pitts
     Poe (TX)
     Price (GA)
     Rangel
     Roe (TN)
     Rogers (AL)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Scalise
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Smith (TX)
     Stearns
     Thompson (PA)
     Thornberry
     Tiahrt
     Upton
     Westmoreland
     Whitfield
     Wilson (SC)
     Young (AK)

                               NOES--316

     Ackerman
     Aderholt
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Calvert
     Campbell
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Deutch
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Forbes
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gonzalez
     Goodlatte
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilroy
     Kind
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lujan
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum
     McCotter
     McDermott
     McGovern
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Quigley
     Radanovich
     Rahall
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (KY)
     Rohrabacher
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                             NOT VOTING--15

     Barrett (SC)
     Davis (CA)
     Davis (IL)
     Eshoo
     Faleomavaega
     Garamendi
     Gordon (TN)
     Hinojosa
     Hoekstra
     Inglis
     Kilpatrick (MI)
     Manzullo
     McHenry
     Putnam
     Shuster

                              {time}  1350

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. MANZULLO. Madam Speaker, on Thursday, June 10, 2010, I 
inadvertently missed this vote. I would have recorded a ``no'' vote on 
rollcall No. 349.


                 Amendment No. 9 Offered by Mr. Turner

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Ohio (Mr. 
Turner) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 121, 
noes 301, not voting 15, as follows:

                             [Roll No. 350]

                               AYES--121

     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Bilirakis
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Boustany
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Camp
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Crenshaw
     Davis (KY)
     Davis (TN)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doggett
     Duncan
     Emerson
     Flake
     Fleming
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Goodlatte
     Granger
     Graves
     Griffith
     Harper
     Hastings (WA)
     Hensarling
     Herger
     Herseth Sandlin
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kirkpatrick (AZ)
     Kissell
     Kline (MN)
     Lamborn
     LaTourette
     Latta
     Linder
     Loebsack
     Luetkemeyer
     Mack
     Marchant
     Marshall
     McCaul
     McClintock
     McCotter
     McMorris Rodgers
     Melancon
     Miller (FL)
     Minnick
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Olson
     Paul
     Paulsen
     Pence
     Perriello
     Petri
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Rehberg
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Smith (TX)
     Stearns
     Sullivan
     Sutton
     Teague
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Wamp
     Wilson (SC)
     Young (AK)

                               NOES--301

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Calvert
     Campbell
     Cao
     Capps
     Capuano
     Cardoza
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Deutch
     Dicks
     Dingell
     Djou
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Forbes
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilroy
     Kind
     King (NY)
     Kirk
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Manzullo
     Markey (CO)
     Markey (MA)
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Mica
     Michaud
     Miller (MI)

[[Page 10499]]


     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Radanovich
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Tanner
     Taylor
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                             NOT VOTING--15

     Barrett (SC)
     Carnahan
     Davis (CA)
     Davis (IL)
     Eshoo
     Garamendi
     Gohmert
     Hinojosa
     Hoekstra
     Inglis
     Kilpatrick (MI)
     McHenry
     Putnam
     Schrader
     Shuster


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in 
this vote.

                              {time}  1357

  Mr. HOYER changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


            Amendment No. 12 Offered by Mr. Edwards of Texas

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Texas (Mr. 
Edwards) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 420, 
noes 4, not voting 13, as follows:

                             [Roll No. 351]

                               AYES--420

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     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
     Bordallo
     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
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     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
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     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
     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)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     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
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     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)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     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)
     Young (FL)

                                NOES--4

     Filner
     Nadler (NY)
     Paul
     Scott (VA)

                             NOT VOTING--13

     Barrett (SC)
     Davis (CA)
     Davis (IL)
     Eshoo
     Hinojosa
     Hoekstra
     Inglis
     Kilpatrick (MI)
     Lofgren, Zoe
     McCarthy (NY)
     McHenry
     Putnam
     Shuster


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining on 
this vote.

                              {time}  1404

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 13 Offered by Mr. Maffei

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from New York 
(Mr. Maffei) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 416, 
noes 0, answered ``present'' 1, not voting 20, as follows:

[[Page 10500]]



                             [Roll No. 352]

                               AYES--416

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     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
     Bordallo
     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
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     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
     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)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     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
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     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)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     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
     Yarmuth
     Young (AK)
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Edwards (MD)
       

                             NOT VOTING--20

     Barrett (SC)
     Davis (CA)
     Davis (IL)
     Delahunt
     Eshoo
     Giffords
     Gordon (TN)
     Gutierrez
     Hinojosa
     Hoekstra
     Inglis
     Kilpatrick (MI)
     Lofgren, Zoe
     McHenry
     Putnam
     Sessions
     Shuster
     Smith (TX)
     Stark
     Wu


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining on 
this vote.

                              {time}  1410

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The Acting CHAIR. The question is on the committee amendment in the 
nature of a substitute, as amended.
  The amendment was agreed to.
  The Acting CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Weiner) having assumed the chair, Mr. Cuellar, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 5072) to 
improve the financial safety and soundness of the FHA mortgage 
insurance program, pursuant to House Resolution 1424, reported the bill 
back to the House with an amendment adopted in the Committee of the 
Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the committee amendment in the nature of a 
substitute, as amended.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. LEE of New York. Mr. Speaker, I have a motion to recommit at the 
desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. LEE of New York. In its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Lee of New York moves to recommit the bill, H.R. 5072, 
     to the Committee on Financial Services with instructions to 
     report the same back to the House forthwith with the 
     following amendment:
       At the end of the bill, add the following new sections:

     SEC. 16. PROHIBITION OF MORTGAGE INSURANCE FOR BORROWERS WITH 
                   STRATEGIC DEFAULTS.

       Section 203 of the National Housing Act (12 U.S.C. 1709), 
     as amended by the preceding provisions of this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(z) Prohibition of Mortgage Insurance for Borrowers With 
     Strategic Defaults.--
       ``(1) Prohibition.--The Secretary may not newly insure any 
     mortgage under this title that is secured by a 1- to 4-family 
     dwelling unless the mortgagee has determined, in accordance 
     with such standards and requirements established by the 
     Secretary, that the mortgagor under such mortgage has not 
     previously engaged in any strategic default with respect to 
     any residential mortgage loan.
       ``(2) Strategic default.--For purposes of this subsection, 
     the term `strategic default' means, with respect to a 
     residential mortgage loan, an intentional default having such 
     characteristics or under such circumstances as the Secretary 
     shall, by regulation, provide.''.

     SEC. 17. PROHIBITION ON TAXPAYER BAILOUT OF FHA PROGRAM.

       Section 205 of the National Housing Act (12 U.S.C. 1711), 
     as amended by the preceding provisions of this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(h) Taxpayer Protection.--The Secretary shall use all 
     available actions and methods authorized under law to ensure 
     compliance with subsection (f)(2) and to protect the 
     taxpayers of the United States from financial responsibility 
     for any obligations of the Fund, including authority to 
     increase insurance premiums charged under this title for 
     mortgages that are obligations of the Fund, authority to 
     establish more stringent underwriting standards for such 
     mortgages, and authority to increase the amount of cash

[[Page 10501]]

     or its equivalent required to be paid on account of the 
     property subject to such a mortgage.''.

  Mr. LEE of New York (during the reading). Mr. Speaker, I ask 
unanimous consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  Ms. WATERS. I object.
  The SPEAKER pro tempore. Objection is heard.
  The Clerk will continue to read.
  The Clerk continued to read.

                              {time}  1415

  The SPEAKER pro tempore. The gentleman from New York is recognized 
for 5 minutes.
  Mr. LEE of New York. Mr. Speaker, the underlying bill that we have 
been considering today is an important one, and I support the 
provisions that are included in H.R. 5072, the FHA Reform Act of 2010. 
It gives HUD new tools that will allow the FHA to protect taxpayers 
against fraudulent or poorly underwritten and insured loans.
  The goal of H.R. 5072 is for HUD to begin the process of putting FHA 
back on the road to a program that has adequate capital in reserve to 
weather whatever problems it encounters down the road. However, H.R. 
5072 is not a cure-all. We can do more to ensure that American 
taxpayers are better protected.
  During the past 2 years, FHA's market share has significantly 
increased from less than 5 percent to more than 30 percent. As FHA's 
market share has increased, taxpayer exposure has continued to grow day 
by day. That is why we must do everything we can to ensure that the 
program is being run in a safe and sound manner and that the taxpayers 
will not be asked to pay for yet another government bailout.
  The motion does two important things. First, it prohibits the FHA 
from insuring loans from borrowers who have strategically defaulted on 
previous loans. Second, it prohibits a taxpayer bailout of the FHA 
program.
  According to a study by Experian and management consulting firm 
Oliver Wyman, from 2007 to 2008, the number of strategic defaults more 
than doubled to 588,000, and a separate 2009 survey found that more 
than a quarter of all existing defaults were strategic.
  Meanwhile, there are lawyers, scam artists and opportunists touting 
the financial benefits of walking away from a mortgage and offering to 
help you do that for a fee. Not a day goes by that we don't read 
another news article about folks who are making calculated decisions to 
stop paying their mortgages even though they still have the ability to 
pay. We are not talking about those families who have fallen on hard 
times or who simply can no longer afford to make their payments. We are 
talking about this new trend of people who voluntarily choose to stop 
paying their mortgages even though they still have the ability to pay.
  While these decisions should ultimately be left to the individual, we 
should put in place more stringent penalties to discourage this 
irresponsible behavior. If borrowers make decisions to strategically 
default on their loans, they certainly should not be allowed to benefit 
from a government-subsidized program.
  This motion makes it clear: if you can afford to pay your mortgage 
and choose not to, you will no longer be eligible to secure an FHA 
mortgage. This motion calls on the Secretary of HUD to define strategic 
default and to work with lenders to identify and to prevent borrowers 
from participating in the FHA program.
  This motion also prohibits a taxpayer bailout of the FHA program by 
requiring HUD to use all available methods at its disposal to ensure 
that the program is properly capitalized and that the taxpayer is 
protected, ensuring that mortgage applicants have truly enough skin in 
the game.
  As Ranking Member Bachus said in yesterday's motion to instruct 
conferees on the financial regulatory reform conference, it is time to 
end bailouts once and for all. Whether it is $145 billion for Fannie 
and Freddie or another $60 billion for AIG, Chrysler and GM, the 
American public has suffered enough from bailout fatigue.
  This motion to recommit ensures that the FHA uses its existing 
authorities to ensure that the program does not need an appropriation 
and that taxpayers are protected.
  While the underlying legislation makes significant improvements to 
the FHA program and goes a long way to providing HUD with the tools it 
will need to improve the financial condition of the FHA program, these 
additional prohibitions on strategic default borrowers and on taxpayer 
bailouts will ensure that the FHA program stays on a solid financial 
path and that American taxpayers will be protected from yet another 
bailout.
  I urge the adoption of this motion, and I yield back the balance of 
my time.
  Mr. FRANK of Massachusetts. I rise to speak on the motion.
  The SPEAKER pro tempore. Is the gentleman opposed to the motion?
  Mr. FRANK of Massachusetts. I don't know yet.
  The SPEAKER pro tempore. Without objection, the gentleman from 
Massachusetts is recognized for 5 minutes.
  There was no objection.
  Mr. FRANK of Massachusetts. Well, I was disappointed that my 
colleague on the Financial Services Committee wouldn't observe the 
tradition that we have of yielding to each other. If he had, I could 
have saved the Members a lot of time because I am going to urge people 
to vote for it.
  I will say that it might need a word or two of improvement. If it 
had, in fact, been offered at the Financial Services Committee, either 
provision, we could have accepted it then, but then Members wouldn't 
have had a chance to make dramatic speeches on the floor, so I suppose 
that explains why we had to go through this.
  I urge adoption of the amendment of the recommittal motion, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The motion to recommit was agreed to.
  Mr. FRANK of Massachusetts. Mr. Speaker, pursuant to the instructions 
of the House in the motion to recommit, I report the bill, H.R. 5072, 
back to the House with an amendment.
  The SPEAKER pro tempore. The Clerk will report the amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Frank of Massachusetts:
       At the end of the bill, add the following new sections:

     SEC. 16. PROHIBITION OF MORTGAGE INSURANCE FOR BORROWERS WITH 
                   STRATEGIC DEFAULTS.

       Section 203 of the National Housing Act (12 U.S.C. 1709), 
     as amended by the preceding provisions of this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(z) Prohibition of Mortgage Insurance for Borrowers With 
     Strategic Defaults.--
       ``(1) Prohibition.--The Secretary may not newly insure any 
     mortgage under this title that is secured by a 1- to 4-family 
     dwelling unless the mortgagee has determined, in accordance 
     with such standards and requirements established by the 
     Secretary, that the mortgagor under such mortgage has not 
     previously engaged in any strategic default with respect to 
     any residential mortgage loan.
       ``(2) Strategic default.--For purposes of this subsection, 
     the term `strategic default' means, with respect to a 
     residential mortgage loan, an intentional default having such 
     characteristics or under such circumstances as the Secretary 
     shall, by regulation, provide.''.

     SEC. 17. PROHIBITION ON TAXPAYER BAILOUT OF FHA PROGRAM.

       Section 205 of the National Housing Act (12 U.S.C. 1711), 
     as amended by the preceding provisions of this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(h) Taxpayer Protection.--The Secretary shall use all 
     available actions and methods authorized under law to ensure 
     compliance with subsection (f)(2) and to protect the 
     taxpayers of the United States from financial responsibility 
     for any obligations of the Fund, including authority to 
     increase insurance premiums charged under this title for 
     mortgages that are obligations of the Fund, authority to 
     establish more stringent underwriting standards for such 
     mortgages, and authority to increase the amount of cash or 
     its equivalent required to be paid on account of the property 
     subject to such a mortgage.''

[[Page 10502]]

  Mr. FRANK of Massachusetts (during the reading). I ask unanimous 
consent that the reading be dispensed with.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  The SPEAKER pro tempore. The question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. FRANK of Massachusetts. 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 passage will be followed by a 5-minute vote on 
suspension of the rules with regard to S. 3473.
  The vote was taken by electronic device, and there were--ayes 406, 
noes 4, not voting 21, as follows:

                             [Roll No. 353]

                               AYES--406

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     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
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     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
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     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
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Hoyer
     Hunter
     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
     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
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     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
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     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
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     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
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--4

     Broun (GA)
     Flake
     Honda
     Paul

                             NOT VOTING--21

     Barrett (SC)
     Berman
     Costa
     Davis (CA)
     Davis (IL)
     Delahunt
     Eshoo
     Hensarling
     Hinojosa
     Hoekstra
     Inglis
     Kilpatrick (MI)
     Lummis
     Marshall
     McHenry
     Obey
     Peterson
     Putnam
     Roe (TN)
     Shuster
     Welch


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes remaining in this vote.

                              {time}  1439

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. ROE of Tennessee. Mr. Speaker, on rollcall No. 353 I was 
unavoidably detained. Had I been present, I would have voted ``yes.''
  Mr. COSTA. Mr. Speaker, on rollcall No. 353, had I been present, I 
would have voted ``yes.''

                          ____________________




                     OIL SPILL LIABILITY TRUST FUND

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and pass the bill (S. 3473) to amend the 
Oil Pollution Act of 1990 to authorize advances from Oil Spill 
Liability Trust Fund for the Deepwater Horizon oil spill, on which the 
yeas and nays were ordered.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota (Mr. Oberstar) that the House suspend the 
rules and pass the bill.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 410, 
nays 0, answered ``present'' 1, not voting 20, as follows:

                             [Roll No. 354]

                               YEAS--410

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     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
     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
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (KY)

[[Page 10503]]


     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     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
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     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
     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
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     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
     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
     Price (GA)
     Price (NC)
     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
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     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
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Shea-Porter
       

                             NOT VOTING--20

     Bachmann
     Barrett (SC)
     Buchanan
     Buyer
     Davis (CA)
     Davis (IL)
     Delahunt
     Eshoo
     Hinojosa
     Hoekstra
     Inglis
     Kilpatrick (MI)
     Linder
     McHenry
     Miller, Gary
     Obey
     Posey
     Putnam
     Shuster
     Waxman

                              {time}  1447

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

                          ____________________




                          PERSONAL EXPLANATION

  Mrs. DAVIS of California. Mr. Speaker, on Thursday, June 10, 2010, I 
was attending to a family matter and missed the following votes.
  Had I been present, I would have voted: ``yea'' on rollcall No. 347; 
``no'' on rollcall No. 348; ``no'' on rollcall No. 349; ``no'' on 
rollcall No. 350; ``yea'' on rollcall No. 351; ``yea'' on rollcall No. 
352; ``yea'' on rollcall No. 353; ``yea'' on rollcall No. 354.

                          ____________________




                          PERSONAL EXPLANATION

  Ms. KILPATRICK of Michigan. Mr. Speaker, I was unable to attend to 
several votes today. Had I been present, I would have voted ``aye'' on 
rollcall 347; ``nay'' on rollcall 348; ``nay'' on rollcall 349; ``nay'' 
on rollcall 350; ``aye'' on rollcall 351; ``aye'' on rollcall 352; 
``aye'' on rollcall 353 and ``aye'' on rollcall 354.

                          ____________________




AUTHORIZING THE CLERK TO MAKE CORRECTIONS IN ENGROSSMENT OF H.R. 5072, 
                         FHA REFORM ACT OF 2010

  Ms. WATERS. Mr. Speaker, I ask unanimous consent that in the 
engrossment of H.R. 5072, the Clerk be authorized to correct section 
numbers, punctuation, and cross-references, and to make such other 
technical and conforming changes as may be necessary to accurately 
reflect the actions of the House.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.

                          ____________________




                             GENERAL LEAVE

  Ms. WATERS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and insert 
extraneous material on the subject of the passing of the Honorable Art 
Link.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.

                          ____________________




                  CONGRATULATING CLINTON COUNTY, OHIO

  The SPEAKER pro tempore (Mr. Bright). The unfinished business is the 
question on suspending the rules and agreeing to the resolution (H. 
Res. 1121) congratulating Clinton County and the county seat of 
Wilmington, Ohio, on the occasion of their bicentennial anniversaries.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Chu) that the House suspend the rules 
and agree to the resolution.
  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.

                          ____________________




                          LEGISLATIVE PROGRAM

  (Mr. CANTOR asked and was given permission to address the House for 1 
minute.)
  Mr. CANTOR. Mr. Speaker, I yield to the gentleman from Maryland, the 
majority leader, for the purposes of announcing next week's schedule.
  Mr. HOYER. I thank the gentleman for yielding.
  On Monday, the House will meet at 12:30 p.m. for morning-hour debate 
and 2 p.m. for legislative business, with votes postponed until 6:30 
p.m.
  On Tuesday, the House will meet at 9 a.m. for morning-hour debate and 
10 a.m. for legislative business and recess immediately for the Former 
Members Association annual meeting. The House will reconvene at 
approximately 11:30 a.m.
  On Wednesday and Thursday, the House will meet at 10 a.m. for 
legislative business.
  On Friday, the House will meet at 9 a.m. for legislative business.
  We will consider several bills under suspension of the rules. The 
complete list of all suspension bills will be announced, as is the 
custom, by the close of business tomorrow.
  In addition, we will consider H.R. 5297, the Small Business Lending 
Fund Act of 2010; and possibly H.R. 5175, the DISCLOSE Act; and, again, 
possible action on H.R. 4899, the Supplemental Appropriations Act of 
2010.
  Mr. CANTOR. I thank the gentleman.
  Mr. Speaker, I would ask the gentleman, in addition to next week's 
schedule, can the gentlemen tell us

[[Page 10504]]

what he expects to consider on the floor between now and the July 4 
recess beyond next week?
  Mr. HOYER. In addition to the legislation I have announced for next 
week--the Small Business Lending Act, the DISCLOSE Act, and the 
supplemental--we will also consider in the future a Wall Street reform 
conference report.
  As the gentleman knows, the conference is having its first session 
today as an open conference, full participation. I expect that to 
hopefully conclude within the next few weeks, perhaps sooner. And I 
expect to have that bill on the floor and to the President by the July 
4 break.
  In addition to that, we have the American Jobs and Closing Tax 
Loopholes Act, which is being considered by the Senate now. We passed 
this bill, as you know, 2 weeks ago. The Senate, however, had left 
town, and they could not take action to extend unemployment benefits 
and to preclude cuts to Medicare payments to ensure seniors would get 
their doctors. I know the Senate is now working on this bill. And if 
they amend it, we will look at that and see what House action might be 
necessary.
  In addition, we are looking at a budget resolution. We are still 
working with Chairman Spratt on a budget resolution that shows we have 
cognizance of the concerns that all of our Members have, A, about the 
deficit and also about constraining spending. As the gentleman knows, 
the President has sent to us a budget that for nondefense, nonsecurity 
spending is frozen not only for this year but for 2 years to come. So 
we are considering that.
  In addition, the gentleman and I have been working very hard on Iran 
sanctions. I was at the White House today. I congratulated the 
President on the administration's success in having passed through the 
Security Council the Iran sanctions legislation. It is good 
legislation. Hopefully, all nations will abide by it, have its impact.
  On the other hand, I think the gentleman and I both agree there need 
to be additional efforts made. We urge the Europeans, who will be 
meeting shortly, to do the same and hopefully have an even stronger 
resolution.
  And then it's my expectation--I have talked to Mr. Berman, and I know 
you have talked to Ms. Ros-Lehtinen--my hope is that we will have--and 
my request, more than a hope, my request is that the conference report 
be brought to the floor the week of the 21st. And I have indicated that 
that is my expectation.
  I want to also congratulate Ambassador Susan Rice for the job that 
she did in drafting the resolution that was adopted and successfully 
passing it yesterday. I am looking forward to working with the 
gentleman.
  In addition to that, as you know, we have a supplemental that we want 
to have considered. We need to fund our troops that are in harm's way 
and make sure they have the resources necessary to carry out the 
mission they have been given. And I expect the supplemental to be on 
the floor possibly as early as next week. I would hope that we could 
get it that early, but certainly I expect it to pass before we leave.
  It is my understanding that funding is available into July so that we 
have some flexibility, but my view is that we will pass it. And I will 
be pushing very hard to pass the supplemental, make sure our troops are 
funded. And I would hope that we could work on that on a bipartisan 
basis.
  That is not all that will be done, but those are the significant 
parts of what I expect the agenda to be for the next 3 weeks.
  Mr. CANTOR. I thank the gentleman.
  I specifically, Mr. Speaker, want to thank the gentleman for his 
efforts on behalf of trying to get a resolution out of the conference 
committee on the Iran sanctions bill--again, as he says, Mr. Speaker, 
something that he and I have worked on for some time now. I thank him 
for his commitment to that and working on that.
  I would also ask the gentleman if any of the reports that I have 
heard about a possible resolution having to do with the flotilla, in 
terms of the actions that occurred, that Israel undertook to defend 
itself in interdicting the ship on the alleged mission of aid that it 
was claiming to be on, and whether we can expect any resolution along 
those lines in support of our ally Israel.
  Mr. HOYER. I thank the gentleman for his question.
  As I am sure most people know, the gentleman and I agreed--I made a 
statement on the floor last night, and I made a statement immediately 
after--Israel, like any other nation in the world that is assaulted by 
a terrorist organization that wants its demise, wants to kill its 
people and push it from its country, any nation on Earth, including 
ours, would defend itself. That is what they did.
  They gave 2 weeks' notice, of course, as the gentleman knows, to the 
Turks and to the individuals who were undertaking this so-called 
humanitarian mission.
  And I might say that the gentleman and I share a humanitarian concern 
about the plight of the Palestinian people. Unfortunately, they are 
ill-served by some of those who have, by force, taken over their 
leadership in Gaza.
  But Israel did what any nation would do. It gave notice and said, if 
you will deliver those to Ashdod, the port, we will offload the 
humanitarian material and make sure that it's delivered to its 
recipients, not to a terrorist organization that would use it for 
purposes of terror and attacks on civilians, but use it for the 
purposes of relieving those in some distress.
  I would point out, as the gentleman well knows, international reports 
are that, in fact, there are sufficient food and medicine in Gaza 
today. It is my view that that mission, in effect, accomplished its 
objective, and its objective was to create confrontation and to put at 
risk the security of Israel and its people.
  So that the answer to your question is that I have talked to Mr. 
Berman and I want to talk to you, as well, so that we can determine 
what is the best course of action for us to take.
  Mr. CANTOR. Mr. Speaker, I thank the gentleman for his continued 
commitment and share with him the commitment to strengthen the alliance 
between ourselves in the United States and Israel in the continuing 
struggle that all of us have in terms of pushing back against the 
terrorist threat, state sponsors of terror and their proxies in the 
Middle East, and as they pose the existential threats to our ally 
Israel as well as U.S. interests in the region. So I look forward to 
working with him on that.
  Mr. Speaker, I would go back to the gentleman's statements with 
regards to financial regulation and a conference report. I know there 
has been a lot of indication, especially on the part of Chairman Frank, 
about the willingness to be open and make sure that C-SPAN cameras are 
there so the public can understand and have access.
  I was somewhat alarmed, though, with the statements made by the 
chairman, as reported in the press, when he said, ``Some negotiations 
will take place more publicly than others,'' and just wanted the 
gentleman to assure us that there will be no negotiations ongoing 
without having the light of cameras on and/or at least a fair hearing 
among Members of both parties.

                              {time}  1500

  Mr. HOYER. I thank the gentleman for his question.
  None of us want to commit to not talking to one another privately, I 
think. I think that's what the chairman was referring to. I am sure he 
and Mr. Dodd will speak. I am sure that he and the gentleman from 
Alabama, the ranking Republican, Mr. Shelby, may be speaking. The 
chairman and I both served with Mr. Shelby, and I am sure that there 
will be discussions with the ranking Republican from our side.
  That may not be in the context of the conference itself where there 
will be cameras, where there will be an open opportunity to offer 
amendments and fully debate and discuss various options. Frankly, I've 
not been too pleased personally with the fact that we don't have a lot 
of conferences. I think conferences are good. I think they accomplish a 
worthy objective of bringing reconciliation between the two Houses and 
frankly giving an opportunity for each perspective that's

[[Page 10505]]

represented on the conference to be articulated. And I think this will 
be, from that standpoint, a model conference.
  And I think Mr. Frank does intend, as he has said, to have an open 
conference with full debate and voting in the light of day on various 
different proposals.
  Mr. CANTOR. I thank the gentleman for that.
  In that spirit, Mr. Speaker, of wanting to try to work together in a 
civil manner and to try to get the work of the people done, the 
gentleman mentioned the war supplemental for scheduling perhaps next 
week. And obviously we continue to be concerned, Mr. Speaker, on the 
part of our Members, their constituents, about the involvement, 
openness of discussion, debate around the issue of the spending in the 
supplemental bill to fund our troops.
  And this is actually, Mr. Speaker, a bill we can work on together. 
And the gentleman indicates that that bill may be coming to the floor. 
And I would ask the gentleman should we expect that bill to go through 
the appropriations committee before it comes to the floor to allow for 
that open input, that collaboration to result in a better bill that 
would reflect the will of the American people?
  And I yield.
  Mr. HOYER. I thank the gentleman for yielding.
  I have not discussed specifically what actions Mr. Obey--Mr. Obey is 
looking at the supplemental. It was sent over to us. And he's 
discussing it with the various subcommittee chairs, I know. I don't 
know whether he's discussed it with Mr. Lewis at this point in time. 
But I do know that, as you know, he had a markup scheduled on our 
supplemental the week before we left. That was canceled, so it didn't 
go forward; and then the Senate passed its bill.
  But I would certainly hope that your side has input on what they 
want, what you want, what you think ought to be in there. Obviously, we 
want to respond to some of the crisis not only offshore in Iraq--well, 
this is mainly Afghanistan and Pakistan as the gentleman knows, but my 
belief is Mr. Obey will want to have input as well.
  So I can't give you specifically because Mr. Obey has not indicated 
to me at this point in time what his specific plans are. But I 
understand the gentleman's interest.
  Mr. CANTOR. I thank the gentleman for that, Mr. Speaker, and I would 
indicate that having spoken with the appropriators that Mr. Lewis has 
not heard from Mr. Obey on that, and we will wait to hear, and I am 
sure he's anxiously awaiting.
  Mr. Speaker, I would also like to ask the gentleman about the budget 
and what we can expect as far as the budget having now been in June, 
there having been no budget, and can we expect a markup in the Budget 
Committee prior to our leaving for the July 4 recess?
  I yield.
  Mr. HOYER. I thank the gentleman for yielding.
  As you know, Mr. Spratt and I and others have been working on this 
for many months now to try to see if there is a budget that can garner 
majority support. There was some indication, I will tell the 
gentleman--he's usually at the White House with us. He wasn't with us 
today. But Mr. Cantor is usually joining us at the White House in our 
meetings with the President.
  But the fact is that the Senate Republican leader indicated he'd like 
to see some bipartisan agreement, at least on spending levels and 
observed that he thought the spending levels the President had sent 
down for our consideration were--he would like to see a lower number 
but he appreciated the fact that that number was sent down and was a 
constraint on spending, in fact, froze non-defense, non-security 
spending at last year's levels and did so for a number of years. So I 
made the observation at that point in time that I was hopeful that we 
in fact could perhaps reach some bipartisan agreement. I will be 
discussing with the gentleman probably early next week that 
possibility.
  But I will tell you that Mr. Spratt continues to work very, very hard 
at trying to see if he can come up with a budget resolution that 
reflects something that can get agreement.
  I want to tell the gentleman that one of the problems we have, as the 
gentleman knows, is we have created a situation of where the budget 
will have some very tough numbers on it. They are realistic numbers. 
They are the numbers. They are what they are. We are where we are. As 
the gentleman knows, I believe that we need to work very, very hard to 
get back to the place where we were when we started in 2001 when we had 
a balanced budget and a surplus projected.
  I would call attention to a statement of Doug Holtz-Eagen, as I am 
sure the gentleman knows, who was with the last administration and 
indicated that this budget would have occurred under Senator McCain as 
well no matter what he did. We inherited an extraordinarily depressed 
economy, an exploding deficit and a substantial decrease in revenues. 
So we have an extraordinarily difficult situation that we've inherited 
that we're trying to deal with.
  The President, as you know, has appointed a commission to try to deal 
with that. We put in place statutory PAYGO to try to constrain spending 
so that we can get back to where I said we were in 4 years before the 
Bush administration where we had 4 years of surplus. And, regrettably, 
we're not there now; but we're working on it.
  Mr. CANTOR. I thank the gentleman for that. And he knows where I 
stand on that issue and where our side is continuing to want to see a 
budget, just like most of the American people are having to do every 
day is come up with a budget of how they can make their businesses work 
and their families make it through the month. So I appreciate that 
spirit with which the gentleman offers that.
  Mr. Speaker, I would say to the gentleman that I read an article in 
Roll Call this week that had to do with these colloquies that somehow 
indicated that the gentleman and I were unable to come to the floor and 
to ``play nice together.'' I will say I know the gentleman doesn't take 
any of this personally, nor do I, because I enjoy coming to the floor 
to debate substance and policy in these colloquies, something that, 
frankly, is not done often enough in this House, but as it relates to 
the priorities that the majority has as reflected through its 
scheduling abilities.
  And in fact, again, Mr. Speaker, this House doesn't do nearly enough 
of this kind of exchange of opinion to ferret out how we can come to 
some agreement.
  So I know that the gentleman shares in that spirit as we engage, 
specifically as that article points to, over our differences, our 
differences about the priority of cutting spending now. And I know the 
gentleman does know, as I value, the opportunities to work with him on 
issues as we have just discussed having to do with the promotion of the 
U.S. security in the Middle East as it plays out through our ally 
Israel. I enjoy the working relationship that we have had on that 
issue; the issue around the Iran sanctions resolution, as well as he 
knows. As well we've worked together well on the issue of Puerto Rico 
statehood. So there is that history.
  But I would say again there are going to be times where we do 
disagree. And there is, frankly, some disagreement that our side has 
with what the majority does in terms of scheduling, and that is its 
priorities on cutting spending.
  We have become very frustrated that we have no other vehicle to speak 
out as to the priorities of the majority other than our response to the 
scheduling. And these colloquies are focused on priorities the majority 
has as far as how it schedules this floor.
  We have become very frustrated as well, Mr. Speaker, that every time 
we begin even to hint at a desire to bring spending cuts to the floor, 
that somehow we need a lecture on the last couple decades as to what's 
happened in this country from a fiscal standpoint. As the gentleman 
knows, I'm the first one to offer up some contrition. Yes, our side is 
to blame as much as the other side for bringing us to this point.
  But none of that has anything to do with scheduling for the next week 
or

[[Page 10506]]

the week thereafter. And what my aim is, and hopefully the gentleman 
knows, in engaging in these discussions is to say, please allow us to 
bring up some of the issues that the American people want us to do, 
which is to stop the spending now.
  And as the gentleman knows, we have launched on the Republican side 
of the aisle a program called YouCut, and frankly we have seen some 
bipartisan support of programs under YouCut. We have seen the 
administration take on an announcement today a proposal in YouCut to 
sell excess Federal property.
  We want this to be a bipartisan issue. And as the gentleman has 
reminded me, as he said in the article, this is a colloquy based on 
scheduling.
  So, Mr. Speaker, I would say that the minority, the Republicans in 
this House, intend on bringing to the House floor another YouCut vote 
next week. And it will be one of five options that the public will be 
voting on and has begun already. And we are well over 700,000 votes in 
YouCut on a 3-week period. And, Mr. Speaker, I think that indicates 
some real intensity behind the public wanting this House to finally 
stop spending now.
  So we will, Mr. Speaker, be bringing to the floor a vote either on 
the attempt to sell excess Federal property, which is a $15 billion 
savings; a provision to terminate a Federal bike and walking program, 
that's another $1.8 billion; terminate a Federal truck parking program, 
$62.5 million; terminate a funding for private bus companies, $120 
million; or a proposal to terminate the Ready to Learn TV program at 
$270 million of savings.
  And I would say, Mr. Speaker, to the gentleman the purpose of our 
bringing these to the floor is, first of all, to reflect the will of 
the American people to cut now, to go forward, to admit we are in a 
real tough situation fiscally in this country. We're at a crossroads. 
We've got to start changing the culture here in Washington.
  So I would say to the gentleman that is the purpose as well as, Mr. 
Speaker, we have no other alternative unless the majority would 
schedule actual spending cuts for this debate and vote on the House 
floor.
  I would also say to the gentleman, Mr. Speaker, these votes will 
occur, and we will proffer these each week. This will begin to amass a 
record on which Member supports spending cuts now and which doesn't. We 
have already demonstrated a commitment on this side of the aisle, as 
well as some on the gentleman's side of the aisle, to cut $85 billion 
over the last three votes in YouCut and will continue to do that each 
week.
  And I would hope that the gentleman could join us in reflecting the 
priorities that our constituents are asking us to put forward, and that 
is to get the Federal deficit under control.

                              {time}  1515

  So with that, Mr. Speaker, I would thank the gentleman for his time 
and will yield to him for a response.
  Mr. HOYER. I thank the gentleman for yielding.
  I want to tell my friend that I don't seek contrition. I do seek 
reconsideration of policies that have not worked, of policies that were 
projected to grow the economy, bring the deficit down and make us a 
healthier, wealthier country. Frankly, the policies that we pursued in 
2001 through 2006, and actually through 2009 because we couldn't change 
policy although we were in charge of the House and the Senate, we 
couldn't override a Presidential veto--again, not contrition, but 
recognition that the policies did not work.
  Benjamin Franklin said, It's not a good thing to be penny wise and 
pound foolish. I tell my friend that he and his colleagues from 2001 
and 2006--I think he voted for each one of these--voted for over $2 
trillion in unfunded spending. That is the real problem.
  The gentleman is probably prepared to support, as I am--he and I will 
probably vote together, I hope, on a supplemental that provides for 
funding our troops. That won't be paid for. We will expect our children 
and grandchildren to pay for that. Mr. Obey has suggested a tax to pay 
for this war. If it is worth fighting, if it's worth protecting this 
generation, it is worth paying for. I tend to agree with that.
  As the gentleman knows, I'm a lot older than he is. I have three 
grandchildren, and I have a great-granddaughter. Tragically, history 
tells us that my grandchildren and my children are going to have their 
challenge from a security standpoint, from a health standpoint, from a 
natural disaster standpoint as we have today, and they're going to have 
to have resources to respond to that.
  I don't criticize the gentleman and I applaud him for asking the 
American public what we all ought to ask the American public, what do 
you think we ought to cut. The fact of the matter is that your side, 
your ranking member, has prepared a budget. As I've told you before, I 
think it's a budget with a great deal of integrity, great deal of 
political courage, and the gentleman's indicated it's a 75-year budget. 
It's a budget that affects today, tomorrow, but yes, it has a vision. I 
applaud Mr. Ryan. As you know, I'm a big fan of Mr. Ryan's. I don't 
agree with Mr. Ryan, but I don't have to agree with somebody to have 
great respect for their intellect and their political courage and their 
willingness to be real, to put something on the table that really will 
make a difference.
  My side, for the most part, doesn't agree with his treatment of 
Social Security, Medicare, and some other things. But I asked the 
gentleman last time if he wants me to put that budget on the floor with 
whatever we put on the floor on our side so that both of those can be 
considered. We're prepared to do that.
  But my friend, I will tell you, I'm not looking, as I said before, 
for contrition. I am looking for recognition that we need to work 
together and be honest. Be honest with those American people that 
you're asking questions to. The items you put on your list are worthy 
of consideration, but they will not get us to where we need to get.
  As Mr. Eakin, who was one of McCain's advisers, former Republican 
director for the OMB, as the CATO Institute indicates, the policies of 
the Bush administration dug a very deep hole. You have contrition about 
it but that doesn't solve it. What's got to solve it is us coming 
together and being honest with the American people. That's what the 
commission is hopefully going to do, and it's going to give us tough 
recommendations, and we will have to clasp hands together frankly if 
those recommendations are real, honest, and effective because they will 
be politically controversial because the medicine doesn't always go 
down very well.
  But we have all dug a hole. I was not for most of the Bush policies 
that put us in those holes. I think giving up revenues--that's part of 
the $2 trillion of spending that you made, YouCut revenues--but you did 
not pay for them. The thing to do if you're going to cut taxes is to 
cut spending. The American public understand that, but pay for what 
you're still going to buy. Don't expect the credit card to be used by 
us and paid for by our children.
  So I tell my friend that the individual items which you have just 
outlined are worthy of consideration, and asking the American public 
their recommendations is absolutely the right thing for us to do as a 
democratic body, but let us not kid the people that we can deal with 
the budget hole that has been dug over the last 8 years from surplus to 
deep deficit, surplus in 2001, deep, deep deficit in 2009, January of 
2009, is going to be solved by simply nibbling around the edges, no 
matter how big those figures may sound, and they are big. But in the 
magnitude of the problem that confronts us, they will not get us to 
where we need to be.
  I thank the gentleman for yielding.
  Mr. CANTOR. Mr. Speaker, I thank the gentleman and I would say I hear 
the gentleman, that he thinks that contrition is not enough. I hear the 
gentleman who says that he and his side is to blame as well, and I 
think enough is enough about going backwards.
  The gentleman's heard me before on the floor in this colloquy quote 
Winston Churchill when he said, Of this I am quite sure, that if we 
open a quarrel between the past and present, we shall find that we have 
lost our future. And

[[Page 10507]]

I would say to the gentleman in the spirit of that quote, let's go 
forward. Both of us can differ on policy, but it seems that the 
gentleman is more interested in settling a score to have this side of 
the aisle admit that somehow our policies were failing.
  I have said here--I think most of my colleagues on this side of the 
aisle would say--spending was too high. The gentleman indicates that we 
voted on $2 trillion of spending while we were in the majority over the 
last several years.
  Mr. HOYER. Will the gentleman yield just to clarify?
  Mr. CANTOR. I yield.
  Mr. HOYER. We all voted for more spending than that over that period 
of time, given the size of our budget. What I said was, to be precise, 
you voted for $2 trillion of unpaid spending.
  I thank the gentleman for yielding.
  Mr. CANTOR. I thank the gentleman for that correction, and would say 
that with that $2 trillion figure out there, we could also look to see 
how much spending is going on now, and the national debt has increased 
by $4 trillion since the Democratic Party took control of this 
Congress, and we've added $4.8 billion in debt per day under this 
President. So there is no side immune to blame for more spending, which 
is why we continue to plead that let's work together now. Let's not 
kick the can down the road.
  The gentleman continues to say that the YouCut proposals are too 
small, though worthy, too small to even fix any problem. That is not 
true, Mr. Speaker. We are about trying to change the culture here in 
Washington. The gentleman shares with me concern about the life our 
kids, their kids and theirs will have in this country given the actions 
we are taking and those we're not on the floor of this House.
  So I thank the gentleman, again, for his willingness to engage in 
these substantive discussions. We need more of these debates on 
substance in the workings of this House, and I appreciate, again, his 
time.

                          ____________________




                  ADJOURNMENT TO MONDAY, JUNE 14, 2010

  Mr. HOYER. Mr. Speaker, I ask unanimous consent that when the House 
adjourns today, it adjourn to meet at 12:30 p.m. on Monday next for 
morning-hour debate.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.

                          ____________________




AUTHORIZING THE SPEAKER TO DECLARE A RECESS ON TUESDAY, JUNE 15, 2010, 
        FOR THE PURPOSE OF RECEIVING FORMER MEMBERS OF CONGRESS

  Mr. HOYER. Mr. Speaker, I ask unanimous consent that it may be in 
order on Tuesday, June 15, for the Speaker to declare a recess subject 
to the call of the Chair for the purpose of receiving in this Chamber 
former Members of Congress.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.

                          ____________________




            BP REFUSING TO PROVIDE CRITICAL DATA AND SAMPLES

  (Mrs. MALONEY asked and was given permission to address the House for 
1 minute and to revise and extend her remarks.)
  Mrs. MALONEY. Mr. Speaker, it's been more than 30 days since the 
Deepwater Horizon exploded in the Gulf of Mexico. In that time, at 
least 40 million gallons of oil have entered our oceans. To give you 
some idea what this means for the gulf coast, if the oil disaster was 
centered in my district, it would completely cover New York City, Long 
Island, Connecticut, and northern New Jersey, and far more in the east 
and the west.
  With a disaster of this enormous magnitude, it's absolutely critical 
we know everything we can about the oil, its scope and its effect on 
the Gulf of Mexico. But according to recent reports, BP is refusing to 
provide critical samples and data to scientists studying the disaster. 
Scientists researching the vast underwater damage of the oil spill have 
been denied oil samples from BP. Other scientists studying the flow 
rate at the source of the oil haven't received high quality video they 
requested from BP's underwater robots. Still more researchers have 
asked for, but not received, access to much-needed data to study oil 
plumes beneath the surface of the ocean.
  It is imperative for BP to give scientists inside and outside of 
government access to every sample, every data point, and every other 
resource they need to help us understand the truth about BP's oil 
disaster. The American people have a right to know.

                          ____________________




                         HONORING LINDSAY POTTS

  (Ms. KAPTUR asked and was given permission to address the House for 1 
minute.)
  Ms. KAPTUR. Mr. Speaker, I rise to pay tribute and deeply thank on 
her retirement from our congressional staff Ms. Lindsay Potts of 
Toledo, Ohio, who, for nearly 3 decades of exemplary and extraordinary 
patriotic service to the people of our district, State, and Nation has 
turned in her retirement papers.
  I'd like to thank Lindsay publicly for her exceptional honesty and 
work ethic, her abiding kindness, her aptitude and inquiring mind, her 
patience, her fine writing skills, her insatiable intellectual 
curiosity. She truly is a renaissance woman.
  Lindsay is also a devoted wife to David Beckwith, and they are 
parents to two marvelous young people, Schuyler and Judson, and she is 
sister to Leslie and to brothers near and far.
  Lindsay's gifts are unmatched, her smile, her sparkle, her uncanny 
ability to connect to people from all walks of life and draw the best 
from them for community betterment, as well as empowerment of 
marginalized people in the days that she wrote ``People Building 
Neighborhoods'' for the National Neighborhood Commission.
  I wish her well, as does our entire staff, in the coming days and 
years. She will always have a home in our congressional family and will 
be missed by all who value her precious life. From the bottom of my 
heart and our hearts, Lindsay, thank you always. God bless you, Lindsay 
Potts.

                          ____________________




                    GREATEST ENVIRONMENTAL DISASTER

  (Mr. CAO asked and was given permission to address the House for 1 
minute.)
  Mr. CAO. Mr. Speaker, the greatest environmental disaster in history 
is unfolding in the Gulf of Mexico. The oil spill has damaged the 
shoreline of the gulf coast and my home State of Louisiana.
  Each day I receive from the State this report listing the affected 
shoreline. I have visited many of the places, and to Louisianans and my 
family, it reads like a list of old friends.
  You can't really understand the impact of this disaster until you 
hear the names associated with the 103 miles of Louisiana shoreline 
that already have been affected.
  This includes the Chandeleur Island, Breton Island, South Pass, South 
West Pass, Whiskey Island, Trinity Island, East Island, Raccoon Island, 
Port Fourchon, Grand Isle, Elmer's Island, Brush Island, Pass a Loutre, 
Marsh Island, Timbalier Islands, Lake Raccourci, Pilot Bayou, Isle 
Grande Terre, Devil's Bay, Lake Felicity, Cheniere au Tigre, Pilot Bay, 
Timbalier Bay, Bay Ronquille, Casse Tete, Vermillion Bay, Bay Batiste, 
Bay Long, Lake Barre, Blind Bay, Calumet Island, Barataria Bay, Bastian 
Island Grande Ecaille, Wilkinson Bay Marsh.
  This disaster is bigger than anything we have ever seen before. I 
call upon my colleagues and the Nation to maintain our attention on 
swift response and recovery and to hold the responsible parties 
accountable.

                          ____________________




                              {time}  1530
                             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.

[[Page 10508]]



                          ____________________




               UNITED STATES MARINE SERGEANT BRANDON BURY

  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, it is with great pride and a heavy 
heart that I speak today of a young marine from my district in Texas 
who gave his life while fighting the terrorists in Afghanistan.
  Marine Sergeant Brandon Bury was killed on Sunday, June 6 during 
combat operations in Kabul. This is a photograph of this marvelous 
marine. He leaves behind his wife, Heather, and his two young sons, 
Cole, who is 3-years-old, and Cade, who is 1.
  Brandon was on his third tour of duty. He previously served two 
deployments in Iraq, and he left for Afghanistan this April as part of 
a team training Afghan police.
  He was 26 years of age and a 2002 graduate of Kingwood High School in 
Texas. In his 26 short years, Brandon lived a lifetime of service to 
other people.
  I talked to Brandon's mom, Terri, this week. She told me that Brandon 
had just called her, and he had asked her to send him gifts for the 
local Afghanistan children in his next care package. Brandon, always 
thinking about ways to do something for somebody else.
  I have been to Afghanistan and, let me tell you something, Mr. 
Speaker, those Afghani kids love American warriors. They love our 
troops, and I have seen how they react to those troops firsthand.
  Marines like Brandon are the reason why. They are the best 
ambassadors for liberty and freedom that there are in the world 
because, you see, Americans never go to conquer. They go to liberate. 
They go to lands they have never seen, and they fight for people they 
have never known.
  Brandon's mom and dad, Terri and Bryan Bury, now live in Dallas, 
Texas, with his two brothers. I met Brandon 2 years ago at a 4th of 
July celebration in Kingwood. He stood 6 foot 6 and he was all marine. 
He was an impressive individual, and his friends say even back in 
middle school Brandon knew what he wanted to do. He wanted to be a 
United States marine.
  He volunteered for the Marine Corps. He could have been an officer, 
but he wanted to be an enlisted man so he could be on the ground with 
other such marines.
  You know, Mr. Speaker, there is nothing like a U.S. marine. They go 
into the desert of the gun and the valley of the sun. They go where 
others fear to tread and the timid are not found.
  These young warriors make great sacrifices today in the heat and the 
dust and the deserts and the rough, rugged mountains of Afghanistan. 
They track down those terrorists wherever they try to hide.
  There have been 10 Texas warriors killed this year in Afghanistan, 
four from the Houston area. In our congressional district in Texas, 
there have been a total of 29 warriors killed in Afghanistan and Iraq.
  It has been said that wars may be fought by weapons, but they are won 
by warriors. Brandon Bury was an American warrior. He was a hero in the 
tradition of our great men and women who defend the flag and liberty. 
It is America's warriors who pay the price for our freedom.
  In America's first war fighting for freedom, Patrick Henry said, 
``The battle, sir, is not to the strong alone; it is to the vigilant, 
the active, and to the brave.'' We are fortunate that these words still 
ring true today and that Americans like Brandon carry those values into 
battle.
  While we mourn the loss of Brandon Bury, we should thank God that a 
man like him ever lived.
  Killed with Sergeant Bury were Lance Corporal Derek Hernandez, 20, of 
Edinburg, Texas, and Corporal Donald Marler, 22, from St. Louis, part 
of the 3rd Battalion, 1st Marine Regiment, 1st Marine Division based at 
Camp Pendleton. These proud, young warriors were killed on the 66th 
anniversary of the D-day invasion of Europe.
  Shakespeare wrote about such men in Henry V, when he said, ``From 
this day to the ending of the world, we in it shall be remembered. We 
few, we happy few, we band of brothers; for he today that sheds his 
blood with me shall be my brother.''
  Mr. Speaker, we shall always remember Brandon and his fellow marine 
brothers and the lives they gave for freedom. So today I extend my 
prayers and condolences to Brandon's wife and two young boys, and his 
parents, his relatives, and his friends in the Kingwood community.
  Mr. Speaker, when a warrior goes off to faraway lands, the family 
stands vigilant at home because they, too, have really gone off to war.
  Brandon was a marine. He was the poster boy for what is best about 
America.
  Where does America get such amazing breed, this rare breed like 
Brandon Bury? Mr. Speaker, there is nothing quite like a marine. It was 
said best by an Army general when he said there are only two groups 
that understand marines--marines and the enemy.
  So Semper Fi, Brandon Bury, Semper Fi.
  And that's just the way it is.

                          ____________________




                         TRILLION WITH A ``T''

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.
  Ms. WOOLSEY. Mr. Speaker, a week ago Sunday, at approximately 10:06 
a.m., after the House had adjourned for recess and Americans were 
enjoying their holiday weekend, the Nation reached a truly disturbing 
milestone. At about that moment, according to the National Priorities 
Project, the combined amount of taxpayer money spent on the wars in 
Iraq and Afghanistan reached a staggering $1 trillion. That's trillion 
with a ``T,'' Mr. Speaker.
  That's a breathtaking amount of money to spend, even on something 
that works. But that kind of spending on two bloody wars that have 
taken thousands of American lives, destabilized other parts of the 
world, and done nothing to achieve national security goals, well, it's 
positively shameful.
  That trillion dollars doesn't even include some bills that haven't 
yet come due, like future medical costs for returning Iraq and 
Afghanistan veterans, a commitment we absolutely must keep. Nor does it 
include interest our grandchildren will pay on the debt we have racked 
up to finance these wars.
  What I can't help thinking, Mr. Speaker, is the lost opportunity 
costs that we should be taking into account. What could we be spending 
that kind of money on if we weren't wasting it on immoral wars?
  The National Priorities Project did a few calculations that report 
what we could do with a trillion dollars. They say we could provide a 
year's worth of health care to 161 million low-income Americans, or we 
could pay for 137 million Head Start slots, or we could put 16 million 
more teachers in our elementary school classrooms.
  But a funny thing happens whenever we try to make significant 
investments in the American people, especially those who find 
themselves struggling through no fault of their own. Suddenly, many of 
the same people who want to hand a blank check to the Pentagon become 
the strictest penny-pinchers. The priorities are completely distorted. 
We have to fight and scrap for every dime of spending designed to help 
our own people. But in the name of overseas invasion and conquest, 
money is no object and no expense is spared.
  We don't need to spend a trillion dollars to combat terrorism and 
protect our people. Instead, we can implement a smart security strategy 
that rejects warfare for the kind of real power, moral authority, and 
humanitarian decency that is American. It is America at its very best.
  It's time to replace the military surge with a civilian surge, Mr. 
Speaker. We need aid workers, diplomatic initiatives, civil society 
programs, teachers, democracy promotion specialists, agricultural 
experts and much more, which would and will make us safer at a fraction 
of the cost.

[[Page 10509]]

  Mr. Speaker, these trillion dollar wars have to end. It's time to 
move to a smart security strategy. It's time to bring our troops home.

                          ____________________




                     BP OIL SPILL DISASTER: DAY 52

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Florida (Ms. Ros-Lehtinen) is recognized for 5 
minutes.
  Ms. ROS-LEHTINEN. Mr. Speaker, today represents day 52 of the worst 
environmental disaster in U.S. history, and on this 52nd day, BP is no 
closer to finding a solution. As families and small businesses in the 
Florida Keys and across the gulf coast continue to suffer, BP has 
failed to come through on an effective strategy for plugging the 
gushing rig and for picking up the oil.
  My office has been flooded with calls from constituents eager to 
offer their assistance in the cleanup effort. Commercial fishermen, 
charter boat captains stand ready to lay boom and skim oil before it 
reaches the shore. Community organizations like United Way and the 
Florida Keys Environment Coalition have gathered volunteers ready to 
patrol the shoreline searching for tar balls. Unfortunately, BP has not 
provided these groups with the necessary training to assist in the 
cleanup effort.
  As many constituents have complained to me, BP is failing to utilize 
members of the Keys community. Instead, BP is waiting until oil washes 
ashore to take action.
  Additionally, many residents have called to offer their suggestions 
on how to clean up this mess. I sincerely hope that BP is giving due 
consideration to all of these suggestions. Clearly, BP's plan has not 
worked. The cleanup plan in Louisiana is abysmal. It is time for BP to 
look elsewhere.
  Yesterday, I met with BP executives to discuss the company's slow, 
uncoordinated, and half-baked response efforts in Florida. At this 
meeting, I relayed the frustrations of many south Florida small 
business owners who are going through the BP claims process. These 
individuals are required to go through a long, complicated, and 
belittling process in order to receive the compensation that they serve 
because, for their economic loss, they had a downturn in business as a 
result of the premature panic from the BP oil spill.

                              {time}  1545

  Let me be clear: These hardworking men and women are not looking for 
a handout, Mr. Speaker. They would much rather be working. 
Unfortunately, the disaster in the gulf has taken a tremendous toll on 
fishermen, on dive shops, on restaurants, on motels, and many tourist-
related businesses in the Keys.
  BP needs to completely revamp its claims process. In the Keys, two 
claims offices opened by BP are virtually useless. Individuals seeking 
compensation leave these offices with stacks of complicated paperwork, 
legal documentation, and little guidance.
  I have requested detailed information from BP on its claims process. 
We need to demand complete transparency in this process, including data 
on how claims are being evaluated, how payment sums are being 
determined, and how quickly claims are being processed. Complicated 
legal documents just will not do.
  On a related note, the Federal agencies need to come up with a plan 
in the event of a tropical storm or hurricane in the gulf. Hurricane 
season has just started. Experts at the National Hurricane Center 
predict that the 2010 hurricane season could be one of the most active 
on record. Forecasters are predicting anywhere between 14 to 23 named 
storms this season. Of course, it only takes one. Just ask the Florida 
residents who suffered through Hurricane Andrew, or just ask those 
residents in New Orleans who are still recovering from Hurricane 
Katrina.
  In addition to a predicted active storm season, our communities are 
now saddled with the uncertainty of an oil spill. The ruptured oil rig 
is located right in the middle of hurricane alley. Scientists have 
suggested that the sheer strength of a hurricane could turn the oil 
slick into a devastating black surf. I shudder to think of the long-
term economic devastation and environmental damage caused by this toxic 
combination.
  BP and, indeed, all of our Federal agencies must prepare now for a 
worst-case scenario later. BP cannot continue to sit idly by while 
communities are destroyed.

                          ____________________




                              MAVI MARMARA

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from New Jersey (Mr. Holt) is recognized for 5 minutes.
  Mr. HOLT. Mr. Speaker, the events that transpired in the 
Mediterranean off the coast of Israel on May 31st were profoundly 
unfortunate and the loss of life is deeply regrettable.
  We await a full and credible account of what happened aboard the Mavi 
Marmara, yet we know that Israel has the right and obligation to 
protect her citizens and borders, in this case by enforcing a legal 
naval blockade to allow certification of peaceful end use of goods 
transported into Gaza.
  In the days since the incident, Israel has released all people 
detained and has inspected and trucked the flotilla aid cargo to Gaza, 
where I understand it awaits permission from Hamas to cross.
  Sadly, last week's confrontation could have been avoided. Israel 
offered the flotilla organizers the chance to have their cargo 
inspected at the Port of Ashdod and transported to Gaza. Five of the 
six ships in the flotilla complied nonviolently, but the Mavi Marmara, 
loaded with over 500 people, refused.
  The sequence of events that subsequently led to violence is disputed, 
but it is obvious, to me anyway, that the actions of the Mavi Marmara 
were needlessly provocative.
  Israel should lead an impartial, transparent, and prompt examination 
of the incident. And inquiries may show how the interdiction could have 
been accomplished without loss of life.
  It seems to me that the Israeli soldiers were right to defend 
themselves from the brutal assault. We saw this on video. It does not 
seem clear that the situation had to unfold as it did, however.
  Israel announced yesterday that a highly respected team of experts 
will review the investigations that are now under way, with a report 
expected in about a month. The United States should assist our ally in 
this endeavor, and the world community should withhold judgment until a 
reliable inquiry is complete. Yet many around the world, once again, 
are rushing to blame Israel before fully examining all the facts.
  The United States, correctly, voted against a United Nations Human 
Rights Council resolution that called for an independent fact-finding 
mission, while at the same time, prematurely condemning Israel's 
actions. This apparent bias cannot be allowed to inflame an already 
volatile situation.
  I have called for increased humanitarian aid to the people of Gaza 
for more than a year now. Legitimate humanitarian needs cannot be 
ignored. However, continued interference and provocations by any nation 
or faction in the region are unhelpful and dangerous.
  The United States, the Arab states, and others must continue to 
facilitate vigorous and sustained diplomacy until lasting peace is 
achieved. Ultimately, only a just, permanent, and peaceful settlement 
between Israelis and Palestinians can ensure the security and the 
welfare of all in the region.

                          ____________________




              FREE ENTERPRISE, FREE MARKET EQUALS RECOVERY

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Tennessee (Mr. Duncan) is recognized for 5 minutes.
  Mr. DUNCAN. Mr. Speaker, in today's Washington Post, the very 
prominent columnist George Will has a column about how the very limited 
recovery that has gone on in this country over the last few months is a 
jobless recovery, a term that we are hearing from many, many experts 
throughout the country.

[[Page 10510]]

  I can tell you that, all over this country, college graduates are 
having trouble finding jobs, and many are having to work as waiters and 
waitresses in restaurants or at other very low-paying jobs. In large 
part, that is because environmental radicals have forced us to send 
millions of good jobs to other countries for 30 years or more now, and 
that is the main cause of that problem. But another problem that is 
going on all over the country is the credit situation.
  Yesterday, in the Washington Times, there was a lengthy article about 
the problem that is still going on, that the banks are not making loans 
to anyone who really needs a loan, and particularly small businesses 
are hurting.
  Well, I can tell you exactly why the banks are not making loans to 
the people who need them. And that is because, while the President and 
the Secretary of the Treasury--and both President Bush and his 
administration did this and President Obama and his Secretary of the 
Treasury have been doing this--they are up here in Washington saying, 
loan, loan, loan, and the banks have all this money, but the examiners 
down on the local level are saying, no, no, no, and turning down what 
would be really good loans even in just recent times.
  Unless the examiners start giving small businesses at least some 
flexibility, this economy is not really going to recover.
  We know, for instance, that there have been almost no jobs created 
over the last few months in the private sector. And about the only jobs 
that have been created or the biggest number of jobs that have been 
created have been jobs in the census, which occurs only once every 10 
years.
  My main purpose in coming here today is to read into the Record a 
letter that I have received from one of my constituents, Mike Connor, 
who started with one restaurant in 1992 and now has a chain of 15 
restaurants.
  He wrote this letter to me recently. He said, quote, ``We, the 
middle-sized business owners, are going to need a lot of help in the 
next couple of years. As I understand the current health care reform 
bill, Connor Concepts, as an employer of more than 50 people, will be 
required to provide health insurance for all full-time employees or 
face a $3,000 fine per employee.
  ``We currently employ around 1,200 team members in five States. We do 
provide health insurance for around 100 full-time salaried management 
and upper-management staff. Of the remaining 1,100 team members, around 
800 are full-time and are not provided with health insurance.
  ``If we are required to pay for their health insurance or pay the 
penalty, we would have to pay an additional $2,400,000. If we are 
forced to pay this, the five States we operate in will have an 
additional 1,200 unemployed. We would lose a lot of money!''
  Mr. Connor continues, ``Together with my team, I have built this 
company from one restaurant in 1992, providing jobs for 80 people, to 
15 restaurants, employing 1,200. Right now we plan to continue opening 
one restaurant a year, employing 80 to 100 people. If something doesn't 
change in the next year or 2 with this reform, we will have to stop 
growth.''
  I want to repeat what he said here. This 15-restaurant chain, which 
is not a giant business, they will have to stop their growth if the 
health care reform bill goes fully into effect as it is now written.
  Mr. Connor continues, ``Though our team members are not provided 
health insurance because of the expense, they are provided with a good 
pay wage, excellent vacation benefits, meal privileges, and excellent 
working conditions. More than anything else, though, they are provided 
a good job, one that allows them to pay their bills, support their 
families, or pay for their school.
  ``We do provide an insurance plan team members can pay for 
themselves. It is an inexpensive plan that has limits on hospital stays 
but does take care of routine medical care.''
  Mr. Connor ends this letter by saying, ``I look forward to working 
with you in whatever way I can to change this law so that I can stay in 
business.''
  Businesses, Mr. Speaker, all over this country are facing this same 
situation. And we have got to change this and allow the free-
enterprise, free-market system to work in this country once again if 
we're going to ever have the recovery that our people want.
  I thank you.

                          ____________________




                       TRIBUTE TO BILL HANDLEMAN

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from New Jersey (Mr. Smith) is recognized for 5 minutes.
  Mr. SMITH of New Jersey. Mr. Speaker, award-winning journalist Bill 
Handleman, 62, of the Asbury Park Press, tragically passed away 
yesterday after a long bout with cancer.
  A family man and a humanitarian with a great big heart and incisive 
wit, Bill is survived by his dear wife Judy, his three children, his 
mom, extended family, and a boatload of friends.
  And allow me to extend our deepest condolences to the family and to 
let them know that our prayers are with them during this very, very 
difficult time.
  Mr. Speaker, to know Bill Handleman in person or through his prolific 
pen is to respect and admire his innate goodness, his generosity, and 
good humor. For years, Bill's news beat was sports, and he especially 
liked the ponies. He was a four-time sportswriter of the year, in 1992, 
2002, 2003, and 2005.
  Asbury Park Press staff writer Shannon Mullen writes in today's 
edition, however, that ``Bill soon discovered that he much preferred 
writing about everyday struggles of ordinary people rather than the 
coddled multimillionaire athletes he dealt with on the sports beat.''
  Bill had an extraordinary penchant for finding compelling subject 
matter and consistently turned the seemingly mundane, especially those 
who were left out and left behind, into great human interest stories.
  The Press's Shannon Mullen again summed it up well: ``Bill Handleman 
was a gifted storyteller. His writing style was direct, witty, and 
spare. A lifelong student of Hemingway, he used periods like an 
Impressionist painter uses a brush, preferring short, incisive 
sentences that packed a punch. And as a columnist, Handleman relished 
championing the underdog.''
  Mr. Speaker, thank God he did.
  Even as he battled cancer, Bill turned out one great story after 
another with intriguing titles like, ``A Man With a Hole in His Heart 
(A Coach's Story)''; ``No Longer Homeless: A Former Mogul Envisions the 
Future''; ``A Different Midlife Crisis: A Man Learns that He Is 
Adopted''; ``During the Depression, the Poor Scramble for Work and 
Cash''; ``A Father Leaves Behind a Secret''--it was a World War II 
veteran story.
  His stories made us laugh and touched our hearts, and they moved us 
to action, like the case of David Goldman. To a large extent, David 
Goldman ceased being invisible in his heroic battle to reclaim his son, 
Sean, from a child abductor in Brazil because Bill Handleman made it 
his passion to effectively inform, inspire, and challenge the 
community, including and especially lawmakers, to join David's struggle 
for justice.

                              {time}  1600

  ``For 4 years, no one could hear him. He was shouting in the dark,'' 
David's father, Barry, told Mr. Handleman in one column. In the 16 
months since Mr. Handleman began telling this story, David's seemingly 
intractable plight went from near total obscurity to huge prominence. 
Public officials at every level responded to the call.
  Each of Bill Handleman's approximately 24 columns not only conveyed 
to readers timely and critically important information about the 
Goldman case, but Mr. Handleman went deep behind the scenes to flesh 
out details of uncommon courage, sacrifice and compassion. Bill 
Handleman gave the community rare insights into the raw emotion and the 
fleeting successes, followed by frustrating setbacks, the agony and 
ultimately the ecstasy of David and Sean's permanent reunion.
  In a candor and depth of reporting found nowhere else in the print 
media,

[[Page 10511]]

we got to know David in his own words as he was thinking it. Readers of 
the column were there with David on countless trips to Rio, to 
Brasilia, to Washington, and at home with him in Monmouth County. For 
more than a year, Bill Handleman allowed us to see it all as David did 
and to walk, to some extent, in this left-behind-parents' shoes. 
Through Bill Handleman's incisive pen, we also got to know much of 
David Goldman's family and close friends.
  We will miss Bill Handleman. I, along with tens of thousands of 
others, read each and every column, often with tears and empathy and 
resolve to do more about David Goldman's case. David Goldman was, 
indeed, lucky that the columnist who embraced his quest turned out to 
be a consummate storyteller and the Handleman column a true game-
changer. Bill Handleman did an exceptional job. We will miss him 
dearly.
  Again, our prayers and our condolences go out to Judy and to the 
family.

                          ____________________




                            UNDER DISCUSSION

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from Texas (Mr. Gohmert) is recognized 
for 60 minutes as the designee of the minority leader.
  Mr. GOHMERT. Thank you, Mr. Speaker.
  There are three different issues that I am compelled to bring up and 
to discuss.
  One, first of all, is with what is going on in the Gulf of Mexico. 
Being from Texas, we are particularly sensitive to what happens there. 
There have been so many days on the Gulf of Mexico coast, on the Texas 
coast--Louisiana, Alabama, Mississippi, Florida--in all of those areas, 
and to see what is happening is heartbreaking.
  Two things need to be done. One is to immediately do everything we 
can to stop additional oil from flowing into the area. At the same 
time, we must clean up the area before we do any more devastation. Then 
the other thing is we need to find out what caused the spill and what 
could have been done better to prevent this kind of thing from ever 
happening.
  You know, we find out that British Petroleum had been cited 750 
times, apparently, on rigs for safety violations. Compare that to 
others. I believe Exxon and Shell may have had one during the same 
period. So I mean there were indicators that perhaps BP was hurrying, 
that perhaps there was a test that didn't work out. Well, we've heard 
those rumors. Yet they still continued. There is the rumor of someone's 
yelling on the phone after the explosion: I told you, I told you. Are 
you happy? I told you. It's something to that effect. There are 
indications that perhaps people at BP knew that they were moving too 
fast and got careless. There was no reason for this. There was no 
reason for this. Proper measures had been taken.
  One of the problems we find in America is when the government decides 
to get involved and to do everything itself rather than to have the 
supervisory, the regulatory role, that it is supposed to have. In other 
words, what the Federal Government is supposed to do is to make sure 
that everybody plays fair and to then let them play. If you have a 
company that is playing in Federal ocean areas, you've got to make sure 
they're not breaking the rules and jeopardizing your homeland.
  When asking Director Birnbaum of the Minerals Management Service why 
the testing had not been disclosed, she said, Well, it's under 
investigation. So those reports are being utilized in the 
investigation. I publicly asked in our hearing for a copy of the 
reports because we know experts as well who can look at the reports and 
say, Well, it says right here that the test didn't work, that there 
were problems that arose. We don't need to wait months. Let's find out 
what the problem was so that we can see if we need to fix that on other 
BP rigs.
  In the meantime, because of the problems there, thousands and 
thousands of American workers are being punished by this administration 
with the overreaction. We're not just stopping BP and double checking 
their work. We're going after everybody. The President said there would 
be a 6-month moratorium. He's going to hurt everybody because of what 
BP may have done or not done. That's no way to act. In the middle of a 
crisis, in the middle of a recession, you put other people out of work?
  You know, we heard from the families here on Capitol Hill. Bless 
their hearts. They've been through so much with the loss of life out 
there on that rig. It's my understanding that, even since the hearing, 
they're not demanding that drilling stop. They've got too many friends 
who will be out of work. We need to find those who are responsible. 
Yet, in the meantime, what could be done?
  We have heard the President very nobly say, I'm in control. The 
administration says they've been in control from day one.
  Yet we see this week, according to this article by Loren Steffy, in 
the Houston Chronicle, posted on June 8, at 10:13 p.m.: ``Three days 
after the explosion of the Deepwater Horizon in the Gulf of Mexico, the 
Dutch Government offered to help. It was willing to provide ships 
outfitted with oil-skimming booms, and it proposed a plan for building 
sand barriers to protect sensitive marshlands.
  ``The response from the Obama administration and British Petroleum, 
BP, which are coordinating the cleanup, is, `The Embassy got a nice 
letter from the administration that said, ``Thanks, but no thanks,'' 
said Geert Visser, consul general for the Netherlands in Houston.'''
  Well, wasn't that nice. The administration has been in control, we 
are told, from day one. We heard that before a lot of the people 
covering the event even noticed that this administration was down there 
in charge.
  Apparently, within 3 days, their answer was to say we don't want 
help. These people are from the Netherlands. What do they know about 
dikes and sand barriers and dealing with ocean water? Oh, yeah. Their 
country has been reclaimed from the ocean, a good deal of it. Why would 
we want their help? These guys are experts on dealing with ocean water 
problems. They've been turned away. They were turned away. What sense 
does that make? Oh, we're in charge. We're in control. We're running 
things. Yet, in the response to the Dutch, who had the capability to 
come in and to immediately take action to protect the wildlife, the 
estuaries, these important marshlands, the beaches--and 3 days after 
the oil began gushing into the gulf--this administration basically put 
British Petroleum in charge. It said you take care of it. You know, we 
don't have your expertise. You take care of it.
  We heard from Mr. Gibbs, who nicely said--or I believe it was, maybe, 
Secretary Salazar, but the administration was pointing out that we have 
our boot on their throat. In a hearing in our Natural Resources 
Committee, I asked, What does that mean? The Deputy Secretary of the 
Interior under Salazar and others there, I didn't really feel, gave 
appropriate answers. I don't know. I still don't know what that means. 
We've got our boot on their throat. You know, I'd rather you boot me 
down there to Louisiana and to Florida and make sure that the oil is 
not getting to the shore, but when in our hearing they were asked about 
Louisiana's wanting to set up little barrier islands out there so the 
oil wouldn't get into the sensitive areas and kill the wildlife and 
kill off the livings of so many thousands of people, we were told in 
that hearing, We have that under discussion. Oil was gushing and still 
is, and this administration has those things under discussion.
  He went on to elaborate and explain.
  You see, we think it's possible that, if they build these sand 
islands out there, it may actually draw more oil into the areas they 
are trying to protect. So we're still talking about it.
  Good grief. How about checking with the Dutch? They offered to help 3 
days after the explosion.
  Well, this article goes on. It says: ``Now, almost 7 weeks later, as 
the oil spewing from the battered well spreads

[[Page 10512]]

across the gulf and soils pristine beaches and coastline, BP and our 
government have reconsidered. U.S. ships are being outfitted this week 
with four pairs of skimming booms airlifted from the Netherlands and 
should be deployed within days. Each pair can process 5 million gallons 
of water a day, removing 20,000 tons of oil and sludge. At that rate, 
how much more oil could have been removed from the gulf during the past 
month?''
  But we know who is in charge. They've made it clear from day one. 
They didn't want the Dutch help for 7 weeks, and now the administration 
says, You know what? Maybe we'll outfit our own ships and do what you 
offered to do when this first started.
  The article says: ``The uncoordinated response to an offer of 
assistance has become characteristic of this disaster's response. Too 
often, BP and the government don't seem to know what the other is 
doing, and the response has seemed too slow and too confused. Federal 
law has also hampered the assistance. The Jones Act, the maritime law 
that requires all goods be carried in U.S. waters by U.S.-flagged 
ships, has prevented Dutch ships with spill-fighting equipment from 
entering U.S. coastal areas.
  ```What's wrong with accepting outside help?' Visser asked.'' Again, 
Visser is the consul general for the Netherlands, who offered the 
assistance.
  Visser said, ```If there's a country that's experienced with building 
dikes and managing water, it's the Netherlands.'
  ``Even if, 3 days after the rig exploded, it seemed as if the Dutch 
equipment and expertise wasn't needed, wouldn't it have been better to 
accept it, to err on the side of having too many resources available 
rather than not enough?
  ``BP has been inundated with well-intentioned cleanup suggestions, 
but the Dutch offer was different. It came through official channels 
from a government offering to share its demonstrated expertise.
  ``Many in the U.S., including the President, have expressed 
frustration with the handling of the cleanup. In the Netherlands, the 
response would have been different, Visser said.
  ``There, the government owns the cleanup equipment, including the 
skimmers now being deployed in the gulf.
  ``If there's a spill in the Netherlands, we give the oil companies 12 
hours to react, he said.
  ``If the response is inadequate or the companies are unprepared, the 
government takes over and sends the companies the bill.
  ``While the skimmers should soon be in use, the plan for building 
sand barriers remains more uncertain.''
  That is as was mentioned in our hearing. We were told in our hearing 
that weeks after the explosion and the oil started gushing forward, 
Well, we have that under discussion. We're concerned that, if we build 
these little barrier islands that prevent the oil from getting into 
these sensitive areas, they could actually cause more oil to come into 
the sensitive areas. So we are still having it under discussion.
  Excuse me? You've got people losing their livelihoods probably for 
the rest of their lives, and you want to come in and say, You know, 
we're discussing it.
  Well, Louisiana Governor Bobby Jindal supports the idea, and the 
Coast Guard has tentatively approved the project. One of the proposals 
being considered was developed by the Dutch marine contractor Van Oord 
and Deltares, a Dutch research institute that specializes in 
environmental issues in deltas, coastal areas and rivers.

                              {time}  1615

  They have a strategy to begin building 60-mile-long sand dikes within 
3 weeks. That proposal, like the offer for skimmers, was rebuffed but 
then later accepted by the government. BP has begun paying about $360 
million to cover the cost. Once again, though, the Jones Act may be 
getting in the way.
  American dredging companies, which lack the dike building expertise 
of the Dutch want to do the work themselves, Visser said. We don't want 
to take over, but we have the equipment, he said. The Dutch have the 
equipment. They've offered it. While he battles the bureaucracy, the 
people of Louisiana suffer, their livelihoods in jeopardy from the 
onslaught of oil. Let's forget about politics. Let's get it done, was 
Visser's last comment in the article.
  It makes no sense if somebody's going to be in charge and vote 
``present.'' You can't vote ``present.'' We'll think about it. We'll 
talk about it. We don't want to commit, in an emergency. Err on the 
side of additional help. But, here again, we've got the Jones Act from 
the 1920s that stands in the way.
  It's interesting, another posting on June 8. This is apparently in 
American Leadership. It mentions within days of the oil spill, several 
European nations and 13 countries in total apparently offered the Obama 
administration ships to assist in the cleanup of the gulf. When asked 
about this, a State Department press spokesman refused to identify any 
offers of assistance. Wouldn't want to identify who's offering to 
assist because some reporter might actually go ask them, What were you 
suggesting? What were you wanting to do? Then that might put pressure 
on the administration and might bring to light the fact that the 
administration had turned down help that would have saved the 
livelihoods and jobs for thousands and thousands of Americans. Because 
we've heard over and over, this administration wants to save jobs. Not 
doing much to create them other than, as we heard, 411,000 of the 
431,000 last month were created as temporary census workers. We can 
create new government jobs, but this would have saved jobs, and yet the 
response was dilatory.
  According to one newspaper, European firms could complete the task in 
4 months rather than an estimated 9 months if done by the United 
States. Working with the U.S., the cleanup could be accomplished in 3 
months. The Belgium firm DEME contends it can clean up the oil with 
accuracy at a depth of 2,000 meters. Another European firm with 
capabilities is the Dutch firm Jan De Nul Group. Pardon me if I 
mispronounce it. The Dutch and Belgians are long-time NATO allies and, 
as such, partners in international security cooperation. To close the 
door on them while they're offering a helping hand in a time of 
national emergency simply makes no sense.
  According to the article, no U.S. companies had the ships which can 
accomplish the task, because those ships would cost twice as much to 
build in the U.S. as they do outside the country. This is one adverse 
impact of the Jones Act which Congress passed in the 1920s. This piece 
of protectionism has only hampered an anemic American maritime 
industry. It also has prevented a quicker response to the oil spill.
  European firms do have the expertise to clean up the spill. And 
again, this is from the posting in American Leadership on June 8 by 
James Dean. If other nations have the technologies to address this oil 
spill, then the administration does have the ability to accept their 
help.
  The point's made in this article that in response to Hurricane 
Katrina, for example, Department of Homeland Security, Michael 
Chertoff, temporarily waived the Jones Act in order to facilitate much 
needed transport of oil throughout the country. The Jones Act, which is 
supposedly about protecting jobs, is actually killing jobs.
  The jobs of fishermen, people working in tourism, and others who live 
along the gulf coast and earn a living there are being severely 
impacted. Those are also additional private-sector jobs which are not 
being created in the United States since the Jones Act effectively 
prices U.S.-based companies out of the ability to be competitive in the 
competitive global market.
  The article says, as we strive to develop new technologies for a 
cleaner environment at sea, the Jones Act continues to hobble our own 
capabilities, sometimes with devastating results. The Jones Act needs 
to be waived now, in light of this catastrophe, and permit those whom 
we have helped and cooperated with in the past to assist us in our 
need. After waiving the Jones Act for the gulf cleanup effort, Congress 
and

[[Page 10513]]

the administration should repeal it altogether.
  And that was coauthored by Claude Berube, and I was reading directly 
from that posting.
  It sure makes sense. We say we want to help folks. Why not let people 
wanting to help us help us clean the mess up? It would not be that 
difficult.
  But one of the other things we noticed in questioning Director 
Birnbaum, we find out, well, we're going to fix the problem of the 
Minerals Management Service. We're going to divide it into three parts. 
When I asked if she was aware that the only entity within MMS that was 
unionized was the offshore inspectors, she seemed surprised, wasn't 
sure if that was true.
  When I asked if the union contract for offshore inspectors did as 
many union contracts do and limited travel, limited hours that someone 
could work, she didn't know. Nobody there at the hearing could help me, 
nobody could tell me whether our offshore inspectors that stand between 
our homeland and disaster by making people producing energy to help us 
play by the rules so we don't have an oil spill like this. They play by 
the rules. We do right. We make sure the testing's done accurately. We 
don't have a problem. That's why we hadn't had one like that in that 
area. That's why most of the oil spills are by tankers bringing in 
foreign oil, because, in the past, we made people like British 
Petroleum play by the rules, make sure things were working properly. 
But that didn't happen here.
  But we couldn't get the information from the MMS. But it seems to me 
that allowing offshore inspectors that stand between disaster in our 
homeland to have a unionized contract, if it limits travel or limits 
the hours worked, would be like--and I guess this is where we're going 
next, based on what he saw a couple of weeks ago. The next move will 
be, That's right. We want the military to unionize as well. It makes as 
much sense.
  You've got people standing between disaster in our homeland. Why not 
let the military unionize, and then we can have a limit on their travel 
and their hours. And so they'll be able to say, Well, Sergeant, I'd 
like to attack that hill, I'd like to take that bunker out for you, but 
I've already worked all the hours I can work today. You're going to 
have to go find somebody else. I can't do it.
  Now, the reason the military has never been unionized is that it 
would be disastrous to our national security. The reason that offshore 
inspectors should not be unionized is because it has been disastrous to 
our national security. When we lose oil, cut off drilling that will 
produce oil at the same time that oil wells are playing out across the 
country and there's still the moratorium on so many areas to drill, and 
we had Secretary Salazar, when he took office, return the checks for 
leases in other areas where drilling could commence in that 500-square 
mile area, as I understand it, including some of Colorado, Utah, and 
Wyoming, Secretary Salazar, if you recall, a year and a half ago, said, 
Well, these leases were let at the midnight hour. We've returned the 
checks. We're not going to let something the Bush administration did at 
the midnight hour take place.
  So this administration has already hurt us dramatically and our 
ability to become energy free of countries that don't care for us.
  And when you get behind Secretary Salazar's position that this was a 
midnight-hour lease, well, that's when the checks were accepted. It 
turns out it was a 7-year process; 7 years the oil companies have been 
working on examining the possibility, the potential for production so 
they could make their bids. You don't just come and make a bid at the 
midnight hour without having a chance to examine what it is you're 
bidding on. You don't write a check for something you've never 
examined, I guess, unless you're the government. But it was a 7-year 
process. It's a bit disingenuous to say that it was a midnight-hour 
lease. So we hurt the country there.
  And now we've got a moratorium because of two things, apparently:
  British Petroleum didn't do their job. They should have had their 
feet held to the fire where they played by the rules and we wouldn't 
have had the problem. And then second, we had a government whose feet 
were so busy being on the neck of British Petroleum, it didn't paddle 
its feet on down to the gulf and deal with the issue and let countries 
like the Netherlands help us that had the expertise to do it.
  Now, I've got an entity, a fellow in my district, he's one of many 
that have offered help, offered solutions. And in east Texas, we have 
skimmers that are able to take in water, process the oil out here, 
process the freshwater out the other side. So you separate the oil from 
the water, but it's on such a small scale, it's not something that 
would be helpful in the gulf unless you do as this gentleman apparently 
did. He sent a friend to talk to me, to tell me about the problems he's 
run into with this administration since they've given British Petroleum 
and somehow, vaguely, their own selves control. This guy has basically 
built a barge that will do, on a big scale, what the small-scale 
skimmers, separators do in east Texas.
  However, he sent word, wanted me to know he's got this barge ready to 
process thousands of gallons of oil, separate out thousands of gallons 
of oil a day. It's not as much as the Netherlands had offered. But from 
the message he sent to me, apparently the Coast Guard has indicated 
they want to be sure that his barge is actually worthy to be out on the 
seas, because they're concerned, you know, that even though there are 
people losing their jobs, losing their livelihoods, birds, animals, 
water life is being killed off, just like the gentleman from the 
administration testifying before our committee is under discussions 
about whether or not to build barrier islands, apparently they're 
trying to decide if this barge should be allowed out on the water so 
that it can suck up and take out of the water thousands of gallons of 
oil a day.

                              {time}  1630

  It's just a mind-boggling thing. As Bo Pilgrim used to say, it's a 
mind-boggling thing to see what is being called an emergency effort.
  Now, if this were some Internet game, well, it would be interesting, 
and we would see clearly which group was not very good at emergency 
management. But it's not a game. Eleven lives were lost. Aquatic life, 
waterfowl, life in these estuaries is being destroyed as I speak.
  Now, it would be easy to say, ``Well, you guys are just talking about 
it.'' But the thing is, and as I have talked about with my wife, should 
we continue to sacrifice from a personal family standpoint for me to 
stay in Congress? She said, ``You know, it may be that one of the last 
places where there really is freedom of speech, other than calling 
somebody a liar, is on the House floor. You have got to stay there 
because you keep hammering the truth day after day, and eventually you 
may see something done about it.'' And that's why I'm here.
  Some people wonder, why does anybody go to the trouble of talking on 
the House floor, Mr. Speaker? But the truth is, it is a way of getting 
a message out from here so that eventually people begin to notice.
  Well, one other thing about the MMS splitting into three entities. I 
asked, well, are these three entities of the MMS, that MMS will be 
divided into, are they going to unionize? Apparently, they are talking 
about it. Well, if you let the most critical part of MMS, the offshore 
inspectors, unionize, then why not?
  We heard 2 weeks ago people exulting and applauding because we were 
told we are actually providing civil rights to our military. Well, if 
you haven't been in the military, I am sure that makes sense, to some 
anyway. But if you have been in the military, you know the military 
doesn't have the civil rights that every other American does.
  You don't have freedom of speech; you can't. When your sergeant, your 
superior commissioned officer gives you an order, you don't have the 
freedom to speak your mind.
  And, in fact, when I was at Fort Benning, there were a lot of us that

[[Page 10514]]

were very upset with our Commander in Chief at the time, a man named 
President Carter. But if any of us said anything derogatory about 
President Carter, it was a crime for which we could be jailed, could 
have pay taken away, could be given extra duty, restrictions. You could 
not badmouth your Commander in Chief; you don't have that freedom of 
speech.
  And as much as I have wanted to badmouth people, and especially when 
I was in the Army and had a commander that didn't seem to know what he 
should, you have got to have that discipline for the good order of the 
military. Because the military is not supposed to be a socially 
engineered experiment. It can't be. It is about protecting our homeland 
against all enemies, foreign and domestic. Of course, domestic, you got 
to make sure you don't violate Posse Comitatus, but that is another 
issue.
  The fact is, the military is whom we owe so much for having the 
liberties protected we do. Yes, the Declaration of Independence says we 
are endowed by our Creator with certain inalienable rights. The 
question comes, if we are endowed by our Creator with certain 
inalienable rights, then why doesn't everybody have them? It's because 
everywhere people have not accepted the inheritance from our Creator, 
our Heavenly Father, from whom we inherited these inalienable rights.
  When you do accept your inheritance, as this Nation did back in the 
1770s--and, for many, it was an ongoing process through the 1800s and 
even up through the valiant work of Dr. Martin Luther King, Jr., a 
Christian minister. But this country has claimed those inherited 
rights.
  But that is not enough. As any parent knows, if you leave an 
inheritance to your children and they don't accept it, then they won't 
have it. If they accept it and they are not willing to fight for it, to 
keep that inheritance with which they have been endowed, they won't 
keep it. Because there are evil people in this world that are glad to 
take away anything you have.
  And as I pointed out 2 nights ago here on the floor, you know, we 
have the administration--for the first time in the modern history of 
Israel, this Nation has now turned on Israel and said, we want you to 
disclose all of the weaponry you have because of the nuclear 
proliferation thing we are pushing.
  Well, if you go back to when King Hezekiah was king in the same 
location, same area Israel is now, because they did pre-date Mohammed 
by several centuries, but Hezekiah thought it would be a nice gesture 
to show all that he had to the Babylonians.
  It's stupid to show enemies all of your armaments, all of your 
armory, and to show them the treasury they could get if they 
successfully attack you. It is a stupid thing to do. And this country 
has done some of that. In the effort to be gracious and kind to people 
that hate us and want to see us wiped off the map and have said so, we 
show them what we have.
  With a big superpower, you can get away with it for a while. But when 
you are a small country like Israel, your closest and strongest ally 
should never force you to show the defenses that you have, because then 
your enemies know how they can overcome you.
  And just as Hezekiah was told by Isaiah--I mean, Isaiah knew he was a 
fool for doing it. And after Hezekiah admitted to Isaiah--Isaiah 
already knew; God had told him. But once Isaiah had it admitted from 
Hezekiah, ``I showed him all our treasury, I showed him all of our 
armory, our armaments,'' and he said, ``Everything you have shown them 
will be carried away.'' And it was. That's what happens.
  The old saying is, those who refuse to learn from history are 
destined to repeat it. It's very true. Of course, there is a corollary 
that says, those that do learn from history will find new ways to screw 
up. I think that's true, too. But why repeat the same mistakes for 
thousands of years that have been committed when you can learn from 
their mistakes and not commit them?
  And one of the other great dangers that we are creating in turning on 
our friend Israel--and, you know, basically, this country is still 
Israel's strongest ally. A family has disagreements within itself, but 
it gets very protective if attacked from the outside.
  But the problem is, when you get outside Chicago and you are playing 
in the international arena and you want to get cute and kind of snub 
your close friends, their enemies are watching. They see that. And the 
message to them is, if we are ever going to attack, now is the time, 
when there is a strain and a problem between Israel and their strongest 
ally; let's go now.
  That is the way it appeared to North Korea after Secretary Acheson 
said, you know, basically, Korea is outside our sphere of influence. 
They had already been massing soldiers to the border. And, obviously, 
it seems like a good time to attack your enemy when their closest, 
strongest ally says, we won't protect them.
  You can't send those messages out there. You can't vote ``present'' 
when it comes to international dilemmas and the existence of an entire 
nation and all the people that have known genocide before and are 
fearful of having it repeat itself. Massive mistake.
  I will come back to Israel again, but one of the issues that has 
arisen, as I understand it, Neil Armstrong, first man to put his foot 
on the moon, has said that if we abandon our manned space program it 
will be devastating to national security.
  Wouldn't it be a good idea to listen to people who have more 
experience in some areas than we do? Neil Armstrong can see the 
national security implications of us basically giving up what has taken 
us 50 years to develop: supremacy in space.
  It has been very confusing to hear this administration, with the 
assistance of people in Congress, in saying, in this time of monetary 
problems, financial crises, this is a time to start cutting budgets, so 
we really can't afford to keep pursuing these ideas with NASA that have 
brought us more advancements not just in space--I mean, I take Sudafed.
  It is the only thing that clears me up when I get clogged up, not 
that ridiculous Sudafed PE. It was developed by the space program. They 
were going to give it to astronauts. And when my doctor, when I was a 
kid, said, ``There has been this wonderful decongestant developed 
called Sudafed; give it a try,'' it worked. Velcro--I mean, those are 
just tiny little things.
  The advancement that has brought this country and kept this country 
to the forefront in technology has been from the space-type ventures. 
The Internet, it was a Department of Defense effort. And, lo and 
behold, look at where it has taken us in the private sector now.
  But we cannot afford to give up the advances made through our space 
exploration to the rest of the world and let them take control. Those 
are the mistakes of a country on its way to the dustbin of history.
  The thing is, when you know they are mistakes and you see they are 
mistakes and you see through history the things that have been done to 
avoid becoming an asterisk in international history, then why wouldn't 
you do them? Why wouldn't you take the steps to preserve your nation? 
Instead, what we get is more cronyism. How could that be? How could 
that be?
  We were told that in this time of financial crisis NASA needs its 
budget cut. And yet, if you look at the appropriations, the budget 
increases. More money will be spent for space, but we are not going to 
give it to NASA.
  Well, if we are not giving it to NASA, then why wouldn't the NASA 
budget reflect that it is being cut, as the administration said? Well, 
apparently it's because billions of dollars are intended for a private 
company that has never done this kind of space exploration. Nobody in 
our country has, because it's been the Federal Government and NASA.
  I understand in meetings that it has been disclosed that, of course, 
we are giving all these billions of dollars to SpaceX to, kind of, take 
over the space program for us, a private company. And I feel sure it 
has nothing to do with how much money they donate to Democrats over 
Republicans. I am sure it has no relationship to the fact that they do.

[[Page 10515]]

  But, nonetheless, SpaceX--and apparently they have been critical of 
Senator Kay Bailey Hutchison down the hall, who has pointed out the 
problems to our country and our national security by gutting NASA and 
giving their jobs over to a private company that has never done these 
jobs. It will make some people very, very wealthy who give heavily to 
Democrats. But that is not the point.
  Senator Hutchison was criticized by SpaceX, apparently back in Texas, 
saying, you know, ``Somebody needs to let the Senator know she is 
criticizing a Texas company.'' Well, on further checking, it turns out 
they have about 100 jobs in Texas, and they have already committed to 
someone else that they are going to move those jobs from Texas to where 
it is more politically convenient.
  We are going to turn jobs over to them that are a matter, as Neil 
Armstrong said, of national security? Not a good idea.

                              {time}  1645

  Not a good idea. As someone mentioned in private meetings, let's face 
it, though, if SpaceX ends up having problems in being able to 
effectuate space flight, there's no question it will be so devastating 
that we'll have to bail them out. We're already setting up private 
companies that don't--have never done what they are going to take away 
from a government entity that's been the most successful in all of 
mankind, NASA, this effort, give it to this private company and already 
know that if they have a problem and they can't get the space flight 
going, they'll go broke and we'll have to bail them out. We know that 
going in. Is that smart? My goodness, the things we're doing at the 
worst possible time make no sense. It just makes no sense.
  But as time runs out as allocated, I want to finish with one other 
thing going back to Israel.
  The world needs to know, make no mistake about it, Israel is a close 
ally. They believe in the same type of human rights that we do in this 
country. And so why wouldn't you be an ally with a country that 
believes in the rights of women, believes in the rights that we hold 
dear here, believes that there's no such thing as an honor-killing of 
women who've been raped, that has the same kind of beliefs, Judeo-
Christian beliefs, and the value of mankind that this country has 
always held so dear.
  For that reason and because there's been snubs by the administration 
overtly that are being misread around the world, we are not going to 
abandon our friend, Israel. There are too many people on both sides of 
the aisle that will not stand for that.
  And I've been working privately behind the scenes. I've been told by 
people that I respect, the most knowledgeable people, I think, on 
Israeli affairs, that it's time to start pushing this publicly so 
people will publicly get on board.
  So I've got a letter now, and it will be going out to all of my 
colleagues. And it will ask them to get on board because I would like 
them to sign on to a letter to Leader Reid down the Hall--because both 
the House and Senate have to do this--and the letter simply says, Mr. 
Speaker, this letter is to simply state the obvious need for the Prime 
Minister of our dear friend Israel to address a joint session of 
Congress. He's been here in Washington on numerous occasions but has 
not addressed a joint session of Congress since 1996.
  In our Nation's history, we have invited over a hundred leaders of 50 
different countries to speak before joint sessions of Congress. At this 
time with the enemies of America and Israel looking for weaknesses in 
our close relationship, we can show them that Israel is our friend and 
will be our friend and that we want to hear from its leader, Prime 
Minister Netanyahu. With the magnitude of international events and the 
tensions swirling in recent years and the threat of nuclear 
proliferation in the Middle East, it is desperately important that we 
show the world the importance of our relationship with Israel by 
inviting Prime Minister Netanyahu to come address this body. The sooner 
we extend such an invitation, the more stabilizing it will be. And then 
signature lines from Members of Congress. I've got over 40. But we need 
most of this body to sign on. We need to send that message.
  The letter to colleagues basically highlights the same things.
  And with regard to the flotilla, it points out in this letter that 
we'll send the ``dear colleague'' letter asking them to sign on the 
letter requesting Majority Leader Reid and Speaker Pelosi invite Prime 
Minister Netanyahu, this letter says--and let me preface this by saying 
it was entirely predictable that there would be an effort to test our 
commitment to our ally Israel. It was entirely predictable. When you 
show that separation between your strongest ally to your enemies, then 
your enemies are going to think about testing to see if this may be a 
good time to attack. And that's what the flotillas were doing. They 
were a test.
  And what they saw was the United States, through this administration, 
being reluctant to jump out there and make it clear how inappropriate 
it was to send people to intentionally run the blockade when all Israel 
was trying to do was protect themselves.
  So, Mr. Speaker, I'm hoping that people will encourage their Members 
of Congress to sign on so we can get the Prime Minister here as quickly 
as possible so that the world will see both sides of the aisle standing 
and applauding this great leader of this great nation.
  And then there is a resolution. People keep talking sanctions, and it 
is beyond time to talk about sanctions. According to IAEA, Iran already 
has enough enriched uranium for two nuclear weapons. How many do you 
think it would take to wipe out the small nation of Israel?
  And they made clear, Ahmadinejad's made clear, we're not going to 
stop with wiping out Israel. We want to wipe out the little Satan, 
Israel, and then the big Satan, the United States. And we saw on 9/11 
how vulnerable we can be, and you begin to realize, man, you set off a 
nuclear weapon in New York, Houston, L.A., Chicago, other points that 
are critical to our protection, and with a handful of nuclear weapons, 
you could debilitate this country to an enormous extent.
  And then we're told a greater risk is if you can get an EMP, 
electromagnetic pulse, generated from a nuclear weapon a few hundred 
miles above the middle of the United States, it would fry every 
computer chip in the country. The power would go out indefinitely. 
Wal*Mart says they wouldn't be able to function if all of their 
computers are fried.
  It's time to act. We cannot wait. And this resolution goes through, 
points out quotes from Ahmadinejad, quotes from our great President in 
saying that as he said that bond is much more than a strategic alliance 
between us and Israel.
  We have got to act, and I hope people will sign on this resolution 
when we come back next week because we've got to get this done. We need 
to show our support for Israel. We need to quit playing games with this 
critical ally in such a difficult area.
  You want to talk about peace? Like Patrick Henry said, People talk 
peace, but there is no peace. And I can tell you there will not be 
peace in the Middle East of any nature until people know that this 
Nation, America, will go to war against anyone that breaches the peace 
or attempts to breach the peace as this flotilla did.
  So, Mr. Speaker, I see the indication my time is expiring. And I 
appreciate the opportunity to be here and discuss these important 
issues.
  And with that, I yield back my time.

                          ____________________




                              GET A BUDGET

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Hawaii (Mr. Djou) is recognized for 5 minutes.
  Mr. DJOU. Mr. Speaker and colleagues, I'm rising to speak very 
briefly on the fiscal situation facing our Nation today.
  Mr. Speaker and colleagues, I have the privilege of having won a 
special election in the State of Hawaii just a

[[Page 10516]]

couple weeks ago. I'm the junior-most Member, of course, right now in 
the U.S. House of Representatives. But I ran on a very simple platform: 
that we need to put our fiscal house in order, that our government is 
spending far too much money, and the mentality here in Congress today 
is that of spend, spend, and spend some more and if that doesn't fix 
the problem, throw more money at it. That is, I believe, a recipe for a 
fiscal disaster.
  I pledged to my constituents in the State of Hawaii that I will never 
ever forget that every single dollar the government spends comes from a 
family like yours. And right now, we're spending far too much of that 
money.
  Mr. Speaker and colleagues, I want to highlight what transpired 
yesterday in the Budget Committee in the hearing by Federal Reserve 
Chairman Ben Bernanke.
  In that hearing, during which I had the privilege of questioning the 
Federal Reserve chair, I thought he highlighted some very important 
measures that our Nation should take note of and this Congress must 
take note of.
  The Federal Reserve chairman pointed out that currently our budget 
deficit here in the U.S. Congress, in his words, is not sustainable. 
The Federal Reserve chairman clearly articulated that we need more 
fiscal restraint, and right now unless the Federal Government gets a 
control of its enormous budget deficit, major problems and consequences 
will occur to our national economy.
  The Federal Reserve chair pointed out to all of us right now that 
although a Federal budget deficit of hundreds of billions of dollars--
or in our case right now, trillions of dollars--might be okay in the 
short term if there is a fix, over the long term it will seriously 
damage our Nation's economic growth prospects.
  The Federal Reserve chair, when I asked him, pointed out that perhaps 
a budget deficit of about $300 billion could be sustained. We are, of 
course, looking today at a Federal budget deficit well in excess of $1 
trillion--with no end in sight. And what's even more troubling to me is 
the Federal Reserve chairman pointed out to this Congress that we have 
no fix in place.
  Mr. Speaker and colleagues, I want to reiterate and further urge all 
of the Members of this Congress as we go through this budgeting 
process--and it is a tragedy that this Congress has still yet to pass a 
budget--we have to exercise greater fiscal restraint, reduce the amount 
of enormous spending going on in this government. If we do not take 
care of our Nation's budget deficit, this budget deficit will take care 
of us.
  I remind all of the Members of this Chamber we do not have to look 
any further than what's happening in the nation of Greece right now and 
the fiscal and enormous financial problems going on in Europe. If our 
Nation and our Congress do not restrain the spending, reduce taxes, and 
limit government, we will be in the same mess.

                          ____________________




                         BP OIL SPILL DISASTER

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from Virginia (Mr. Connolly) is 
recognized for 60 minutes as the designee of the majority leader.
  Mr. CONNOLLY of Virginia. Mr. Speaker, in the United States right now 
we are experiencing an environmental catastrophe. We are experiencing 
with the BP oil rig the largest single oil spill in American history. 
It's a little hard to contemplate just how big this oil spill is; 21 
million to 44 million gallons of oil--four times the oil spilled in the 
Exxon Valdez disaster--have so far spilled into the Gulf of Mexico. 
12,000 to 25,000 barrels a day--that's a million gallons a day--are 
spilling, a rate 12 to 25 times higher than BP's original highest 
estimate of 4,600 gallons a day. The biggest oil spill in American 
history.
  If we want to know just how big that is, this is the extent of the 
oil spill today in the Gulf of Mexico. It is the equivalent in terms of 
size of Delaware, Rhode Island, and Connecticut combined. Think of that 
geography. Hundreds of square miles. That's what this is.
  Just recently it was announced that underwater plumes, not just the 
surface plume depicted here, have been detected 150 miles away in 
distance from the original site of the oil spill.
  Locally what that means is essentially we have an oil spill, a 
surface oil spill that covers the territory that would be the 
equivalent of the distance between Washington, D.C., and New York City. 
That's as of today. In my 11th Congressional District of Virginia, that 
would mean starting in Dale City near Manassas in Prince William County 
and going as far as Wilmington, Delaware. That's the thick oil spill.
  The broader oil spill, as I said, would go all the way to New York 
City. That's an extraordinary stretch in terms of this oil spill.
  This oil spill could have been prevented.
  In 1969, an oil well spilled 200,000 gallons of crude oil on the 
California coast. In response, like this and other environmental 
issues, like the burning of the Cuyahoga River, Congress passed the 
National Environmental Policy Act, known as NEPA, in 1969.

                              {time}  1700

  NEPA requires companies to plan to avoid environmental disasters like 
that 1969 Santa Barbara oil spill by conducting simple environmental 
impact statements. Ironically, the Minerals Management Service, known 
as the MMS, granted the Deepwater Horizon rig a categorical exclusion 
from this process so it did not have to conduct an environmental impact 
statement based on research in 2007 in which the MMS, the regulator, 
decided that a deepwater spill would not exceed 4,600 barrels and would 
never reach the shoreline. What a tragic, ironic twist of fate. None of 
that turned out to be true.
  Congressional Republican majorities and the Bush administration even 
directed agencies to use categorical exclusions for oil development. 
Action by the Secretary of the Interior in managing the public lands, 
it said, or the Secretary of Agriculture in managing national forest 
systems lands with respect to any of the activities described in 
subsection B shall be subject to a rebuttable presumption that the use 
of categorical exclusion under the NEPA of 1969 would apply if the 
activity is conducted pursuant to the Mineral Leasing Act for the 
purpose of exploration or development of oil or gas. An explicit 
exemption made for oil drilling in America by the previous 
administration. Just following the NEPA process could have led to a 
review that would have resulted in better safety equipment. Might have 
even resulted in an inspection that might have caught early the flaws 
in this design.
  The 2009 Government Accountability Office report said that during the 
previous administration categorical exclusions were issued far too 
frequently and it could lead to serious problems. Well, indeed, it did. 
I find this particularly ironical because, in my district, we have been 
fighting for a long time to get rail to Dulles, an extension of the 
rail system here in metropolitan Washington to Dulles International 
Airport. We finally got that process approved last year, but that 
process required a NEPA review. This is a public transit project, but 
it had to go through a 2-year environmental review that cost millions 
of dollars of taxpayer-funded money for a public project. But 
ironically, a private oil rig in the Gulf of Mexico was excluded from 
that process. It didn't have to do it.
  I see on the floor my friend from Oregon (Mr. Blumenauer). I yield to 
the gentleman.
  Mr. BLUMENAUER. I appreciate the gentleman's courtesy, as I 
appreciate his leadership, and I think it is important for people to 
understand the genesis of the problem that we are facing here now.
  We've heard some of our friends on the other side of the aisle come 
to the floor somehow trying to lay this at the feet of the President of 
the United States, but sadly, what has happened here in the gulf is a 
direct result of policies that we have seen implemented by our friends 
on the other side of the aisle when they were in charge, particularly 
under the watch of President Bush, where it was routine to

[[Page 10517]]

come to the floor repeatedly in efforts to undercut environmental 
protections, where agencies that were supposed to regulate the industry 
were stopped with refugees from the very industries, from lobbyists and 
association executives who are going back now and looking at from 
whence they had come.
  We had situations that, by the end of the Bush administration, it was 
clear in the MMS that there were people in that critical agency tasked 
by law with the protection of the public interest who were not only 
avoiding that responsibility, they were literally in bed with the 
industry.
  I look forward to an opportunity in the course of the next few 
minutes to discuss with you further the genesis of the problem that we 
face and approaches that we should be taking to make sure that we're no 
longer held hostage to what even President Bush referred to as our 
addiction to oil.
  Mr. CONNOLLY of Virginia. I thank my colleague, and I think his point 
is a very cogent one, and it's even worse than we're discussing because 
not only did we consciously decide during the Bush administration and 
by previous Congresses, frankly controlled by our friends on the other 
side, consciously to exclude such oil drilling from the regular 
environmental review that could have detected problems, but it was 
worse than that.
  Let me give an example in terms of what measures that at least could 
have mitigated the impact of this disaster. Canada, as my friend from 
Oregon knows, requires deepwater rigs to have contingency plans for 
offshore oil drilling, including the capability to drill relief wells 
soon after constructing primary wells. If this well, this Deepwater 
Horizon well, had predrilled such relief wells, it would have allowed 
the closing of the leak weeks ago, but they weren't required to do so.
  Norway and Brazil require something called acoustic valves which are 
backup devices for closing the pipe of a blowout preventer. In 2003, 
under the Bush administration, the Minerals Management Service 
concluded that the $550,000 acoustic system is not recommended because 
it tends to be very costly. I would say to my friend from Oregon, as he 
knows, as of June 7, the response to this oil spill cost $1.25 billion 
and climbing. That $550,000 investment in an acoustic valve could have 
saved billions of dollars and could have saved an ecosystem now at 
incredible jeopardy.
  I yield again to my friend from Oregon.
  Mr. BLUMENAUER. Thank you. As I am listening to your presentation, 
talking about what could have happened, what should have happened, and 
looking at the magnitude of the devastation that we are facing in an 
ongoing disaster, I was reflecting on my experience here in the House 
under Republican control and the Bush administration where their first 
instinct--the gentleman will recall because he was an important elected 
official just across the Potomac and had a front-row view of what was 
happening here--that the Vice President convened a secret energy 
consultation group, his energy task force, which to this day has not 
been revealed in terms of who were the members--although we're most 
certain that there were people from BP, for instance, that were there--
that from the outset it was all about trying to cut through these red 
tape items, the environmental protection, things that got in the way of 
energy production, and not focusing on priorities that would have 
reduced our reliance on fossil fuels.
  Indeed, there were 105 recommendations. Only 7 involved renewable 
energy. We watched, in the year that followed, the Bush administration 
actually propose cuts in the renewable energy budget and had tax breaks 
that they worked on with the Republican leadership to provide 
incentives for more dirty oil production and consistently fought 
against efforts that we brought to the floor, including in some 
instances bipartisan amendments to raise the fuel efficiency standards 
that hadn't been increased in a quarter century.
  I'm reflecting on that and saddened that that was the thrust for most 
of the last decade, instead of putting us in a position where we would 
be less reliant and have better protection.
  Mr. CONNOLLY of Virginia. Again, I agree with my friend from Oregon 
completely, and as he points out, this didn't happen by an act of God. 
This happened because of lax or no regulation, regulation we knew was 
necessary and we took a chance. We took a chance. And we took a chance, 
why? Because of the almighty dollar. We took a chance because of Big 
Oil money, making sure that it influenced the process and made sure 
that it was exempted from normal regulatory review. And you have to ask 
yourself in those kinds of circumstances, well, what could go wrong?
  Let me enumerate a little bit what has gone wrong: 200,000 commercial 
fishing, processing, and retail jobs in the gulf for fishing and 
seafood on ice; $659 million in annual value on 1.27 billion pounds of 
seafood caught in the gulf, the largest source of seafood in America, 
not including the value of fish processing or retail or people's 
salaries, in jeopardy; $5.5 billion annual value of commercial fishing 
industry in the gulf coast, including the value of fish harvest 
processing and retail, in jeopardy; $12 billion of expenditures for 
25.4 million recreational trips in the Gulf of Mexico at risk; $9 
billion in wages for tourism-related industries in the Gulf of Mexico, 
employing 600,000 people.
  That's what's at risk for a mindless, ``drill, Baby, drill'' 
approach, instead of a thoughtful, careful approach that balances this 
kind of sourcing of oil with the readily available alternative energy 
sources that we should have, could have been investing in as well.
  Since this oil spill, over 27,000 claims have been filed by people 
and businesses whose livelihoods have been harmed or lost entirely. 
They've filed claims for damages with BP. Through June, BP will have 
paid $84 million in lost income claims to people whose jobs already 
have been lost in the gulf. Over 78,000 square miles of the gulf are 
closed to fishing today because of this spill because it's not safe. 
The University of Central Florida estimates that the oil spill could 
cut Florida tourism in half, the largest single source of revenue for 
the State of Florida, eliminating 195,000 tourism-related jobs and 
eliminating $10.9 billion of tourist-generated economic activity in 
Florida alone.
  I see our colleague from Colorado (Mr. Polis) is on the floor, and I 
now yield to him.
  Mr. POLIS. I thank the gentleman from Virginia.
  This disaster of great proportion is indicative of the culture of 
deregulation and the influence of the special interests in the oil 
industry and the prevalence of those interests within the Bush 
administration, embedded into the regulatory structure. These interests 
within the Department of the Interior fought tooth and nail Secretary 
Salazar's attempts to bring balance back to the oil and gas industry. 
They fought with claims of severe economic hardship. Well, as the 
gentleman from Virginia talked about, I think the people of the gulf 
coast will be experiencing severe economic hardship, much worse than 
anything that these oil companies were worried about.
  All actors involved with this unmitigated disaster have taken steps 
to try to limit their own liability. BP and Transocean have tried to 
spread their profits among shareholders. They've been giving dividends. 
They have been trying to decentralize their coffers, already scheming 
to get themselves off the hook and to put taxpayers on the hook. These 
oil companies are now trying to maneuver to get taxpayer bailouts for 
their own bad practices and their own failure to prevent what was a 
preventable disaster.
  The use of highly toxic dispersants have exacerbated the damage, 
leading to underwater plumes of oil. It turns out that the emergency 
response plan of BP was riddled with errors, had falsities. It even 
listed people who were no longer alive as points of contact in the 
event of a disaster.
  We need, and I'm sure we will have, a full public accounting of the 
fallacies and the flaws in the planning process with BP and their 
contractors that

[[Page 10518]]

have led to this disaster, and it's critical for our Congress to make 
sure that these maneuvers to get off the hook for their own failure to 
prevent this catastrophe will not meet with success and that the 
responsibility will reside with BP and their contractors.
  NEPA requires an assessment of environmental impact for any major 
project on Federal lands, but loopholes were placed in that policy in 
2005, including a categorical exclusion, saying that oil drilling 
doesn't have any risk and, therefore, shouldn't need to do an 
environmental assessment.

                              {time}  1715

  The Deepwater Horizon was granted a categorical exclusion in 2007 
under the Bush administration. Ironic, because NEPA was first initiated 
in 1968 as a response to an oil spill offshore, yes, off the coast of 
California, stripped of the very provisions that are one of the main 
reasons for its passage by the Bush administration.
  We as a Congress need to address the statutory side, and I know that 
Secretary Salazar is working hard to fight the entrenched interests 
from the oil and gas industry that seek to influence the actions of the 
Department of the Interior.
  I thank my colleague from Virginia for helping to raise this 
important issue.
  Mr. CONNOLLY of Virginia. I thank my colleague from Colorado.
  I yield again to our friend from Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. I do appreciate our friend from Colorado talking 
about the history here, because we hear people come to the floor to 
somehow lay this at the foot of President Obama, who has been busy 
since the moment he took office dealing with a series of disasters that 
he inherited.
  But the approach that has been taken by the Republicans when they 
were in the majority actually set the stage for this. In 2003, they 
added an exemption for all oil and gas construction activities from the 
provisions of the Clean Water Act. They had a stipulation that the BLM 
had only 10 days to make drilling permit decisions. They had new 
authority for the Department of the Interior to permit new energy 
projects in the Outer Continental Shelf without adequate oversight or 
standards and then providing, on top of that, $2 billion for already 
profitable companies to drill in ultradeep water.
  It is absolutely scandalous that we have had this steady assault. 
Luckily, we stopped that in 2003 when the other body used the 
filibuster constructively. But we faced it in 2005, as they actually 
were able to put those provisions in place, which our friend from 
Colorado and you, sir, Mr. Connolly, have pointed out. It continues to 
bedevil us.
  Sadly, some of our friends on the other side of the aisle simply 
haven't gotten the point. In this Congress, the gentlewoman from 
Minnesota, Mrs. Bachmann, who has no shortage of opinions on this, 
introduced legislation that would have required, would have required 
that the Secretary of the Interior waive any application of Federal law 
that requires a permit under lease for drilling. It would require a 
waiver from all of those nagging little requirements any time oil got 
expensive, over $100 a barrel, throw it all out the window, and yet has 
the audacity to try and shift responsibility under this.
  I think it is something that we all need to be focusing on and not 
allow the people who helped create this problem to rewrite history.
  Mr. CONNOLLY of Virginia. I, again, am in complete concurrence. This 
didn't happen somehow by happenstance. This happened by virtue of a 
conscious decision, by Congress' control, by our friends on the other 
side, and by the Bush administration to find all kinds of waivers and 
exemptions from normal regulatory review and from simple commonsense 
protections in the event something did go wrong, all at the altar of 
oil exploration and fossil fuel energy dependence, quite frankly. It 
could have been prevented and it could have been mitigated.
  There was another one of our colleagues who, during the campaign of 
2008, accused the Democratic Congress that came into power after the 
elections of 2006 of being the drill-nothing Congress, and she called 
on Mr. McCain to open up ANWR and both the east and west coast to 
unrestrained oil drilling for the sake of energy independence, a worthy 
goal. But that's not the only answer, and we have to weigh the costs 
and the benefits when we open up unrestricted oil drilling on pristine 
coasts.
  Let me talk, if I may, just about my own home State of Virginia, what 
could go wrong in Virginia. I am a member of the Virginia delegation 
who has opposed unrestricted opening up of our shores to oil drilling 
because of the feared consequences if something went wrong.
  What's at stake? Tourism in Virginia Beach alone in Virginia 
generates $1.4 billion annually in economic activity. Tourism in 
Virginia Beach alone supports 15,000 jobs. Virginia has the longest 
stretch of undeveloped barrier islands on the east coast, irreplaceable 
habitat for birds in the east coast flyaway.
  All of these resources would be lost to an oil spill off Virginia's 
coast if it were comparable to the oil spill that has hit the gulf 
coast. In fact, closer to home, the entire Chesapeake Bay would be 
covered by a film of oil today if that oil spill had occurred here 
instead of occurring in the gulf coast.
  In addition, unrestricted oil drilling threatens the presence of the 
United States Navy in Virginia, terribly important in terms of military 
investment in the Commonwealth of Virginia. The Deputy Secretary of 
Defense for Readiness issued a report in May that stated explicitly 
that offshore oil development would impair Navy operations in 78 
percent of the area, in a recently proposed lease sale, to 20.
  The Department of Defense said that all development could preclude 
live ordnance testing, aircraft carrier movement, shipping trials, and 
other surface and subsurface training. Offshore oil development could 
result in the Navy moving an aircraft carrier out of Norfolk, reducing 
job opportunities and contractors in Virginia.
  We have a lot at stake economically in my State. There's the 
environmental consequences, but there is also the presence of the Navy 
that could be jeopardized if we moved to the ``drill, baby, drill'' 
philosophy of offshore oil drilling.
  Mr. BLUMENAUER. I appreciate your putting in context not just the 
potential threat to your State of Virginia, but to all of us here who 
work and celebrate our capital region and the Chesapeake Bay, having 
those precious resources at risk.
  I appreciate your exploring a dimension that I must admit I really 
hadn't thought through adequately: the threat unregulated, 
indiscriminate, offshore oil drilling could pose to military readiness. 
Your point about what could happen in terms of naval operations and 
training is one that I don't think has been given voice in this debate. 
I have been spending a lot of time working on it. This is new 
information to me, and I deeply appreciate your putting it out before 
the American public this evening.
  I think this issue that we are wrestling with has many dimensions 
that require us to step back and expand the scope of inquiry, the need 
for our fixing a broken regulatory system.
  We have referenced the fact that the administration, despite the 
previous administration talking about the addiction to foreign oil, did 
nothing about it, and, in fact, even after we regained control, worked 
against our efforts to try and increase efficiencies.
  It's going to take time. I agree that the administration needs to 
move quickly to weed out the MMS. I wish they could have cleaned house 
earlier, but obviously these things take time. It's hard to undo 12 
years of running roughshod over safety and environmental regulations in 
17 months. But it is also a vivid call for a new energy future in which 
the deepest water is the last place we look, not the first, for new 
energy sources.
  I would look forward to discussing that further, but I know you have, 
Mr. Connolly, some specifics in terms of some of the legislative 
provisions that we have been working on as Democrats in Congress.

[[Page 10519]]


  Mr. CONNOLLY of Virginia. Yes, we need to clean up the mess we 
inherited from previous Congresses and, frankly, from the previous 
administration. Today, for example, the House passed S. 3473, which 
increases advanced cleanup funding paid for by BP so that the Coast 
Guard can use those funds for oil cleanup.
  I have introduced a bill just tonight that would prevent the evasion 
of the NEPA process; moving forward, no more categorical exclusions for 
deepwater oil drilling. They have to pass the NEPA review process, just 
like my transit system and rail to Dulles did in a public project.
  H.R. 5214, the Big Oil Bailout Prevention Act, introduced by our 
colleague, Mr. Holt from New Jersey, would raise the oil liability cap 
from $75 million to $10 billion so the taxpayers aren't left holding 
the bag because of an accident caused by the negligence of an oil 
company such as BP.
  Our colleague from the State of Washington (Mr. Inslee) is 
introducing legislation to require oil wells to use the best available 
safety technology, which might borrow from technology that's already 
available and being used by countries like Canada, Brazil, and Norway. 
Of course, you, Mr. Blumenauer, have or will soon introduce legislation 
to repeal the oil and gas tax loopholes and direct funds to clean 
energy.
  The ultimate solution is to get off fossil fuel dependence and look 
to, in a meaningful way, those alternative sources of energy that could 
really help lessen our dependence, if not wean us entirely off, the 
dependence on foreign oil.
  In my own home State of Virginia, the potential offshore wind power 
is enormous, dwarfing the potential for offshore oil.
  For all of the sturm und drang in my State about whether we should 
drill, baby, drill off the shores of Virginia, the entire estimate of 
reserves, maximum, off the shore of Virginia, with the largest 
coastline, barrier island coastline on the east coast, is the 
equivalent of no more than 6 days of oil supply.
  Do we really want to risk the tourism industry, our environment, 
perhaps permanently, and the presence of the Navy in a State that has 
always been home to the United States Navy for 6 days' worth of supply? 
I think not.
  So the Democrats in this House have, in fact, introduced legislation 
that will address and remedy this situation and make sure that never 
again are American citizens put at risk by the negligent behavior and 
the unregulated behavior of Big Oil offshore oil drilling.
  Mr. BLUMENAUER. I must say how much I appreciate the legislative 
approach that you bring to the job. I can see the experience and 
leadership that you demonstrated in years of actual hands-on dealing 
with the public in a very direct and personal way in local government 
with some spectacular successes across the river from our Nation's 
Capitol, as evidenced in the simple, commonsense approach that you are 
taking here in terms of being practical, being direct, things that will 
make a difference. I really appreciate that spirit that you bring to 
the Capitol.
  Mr. CONNOLLY of Virginia. I thank you for your courtesy and 
graciousness, but I would say that clearly my colleague from Oregon is 
a model for all of us, especially those of us new here to the Congress, 
for his environmental leadership and for his legislative legerdemain.
  Mr. BLUMENAUER. I would like to pivot, if I could, just on the last 
point that you made, which I think, at the final analysis, is the most 
important.
  It is important to understand history. It's important to not allow 
people who got us into this mess to rewrite it, to point fingers, to 
obscure, to try and get partisan advantage from something that they, 
sadly, helped create in the first place. That would be a tragedy in and 
of itself.
  But it is where we go from here, what we learn from these lessons, 
what we understand is required. It is outrageous to me that the spill 
off the Santa Barbara coast that inspired the first Earth Day was 
fought with essentially the same technologies that we have available 
today.

                              {time}  1730

  All the time, all the energy, the resources that were thrown at it by 
the Federal Government was used basically by the industry to have more 
and more esoteric, sophisticated deep-drilling opportunities, not 
dealing with making sure that it was safe.
  So we are trapped in time 40 years at the negative end of this 
equation, when the ultimate disaster, which was predictable, perhaps 
not avoidable, but is much worse because of the focus.
  But it is the transition to clean energy technology that I would 
conclude my remarks. I see we've been joined by our friend we have 
referenced earlier, our colleague, Congressman Holt, who has some great 
legislation moving.
  But I would just conclude my observations that we don't want to be in 
a position where we continue to be tethered to the oil spigot, to have 
the United States consume 10 percent of the world's oil supply going 
back and forth to work every day, that it is past time for us to move 
forward.
  I appreciate the leadership of both you gentlemen in our livable 
communities issues, where we provide more tools to local government and 
more choices to people so they don't have to burn a gallon of gas to 
get a gallon of milk, that there are more sensitive land uses, that we 
fight against mindless sprawl, that we give people an alternative to 
the automobile in case they don't want to drive or can't afford to 
drive or maybe there are some people that we all know who probably 
shouldn't drive--giving them choices to walk and use transit, cycles; 
be able to make a system that is more sustainable, that is complemented 
by a clean energy future with tidal, wind, solar, geothermal, and 
investment in making our facilities now more energy-efficient.
  We have the capacity right now, with what we know how to do, things 
that we have off the shelf or almost ready for installation, we could 
be completely Kyoto-compliant, save consumers and taxpayers money, and 
preserve our national security.
  I hope that this is one of the lessons we carry away, not just 
understanding history, not just taking some of this terrific 
legislation that will help a difficult situation be a little better and 
take the taxpayer off the hook, but make sure that we are not in this 
dependency in the future.
  Thank you. And I really appreciate your leadership in presenting this 
today and your courtesy in permitting me to take part.
  Mr. CONNOLLY of Virginia. I thank you so much.
  I think our colleague from Oregon has done such an incredible job in 
this body on so many environmental fronts, not least of which, of 
course, the livable community initiative that he made reference to.
  Thank you so much for joining us tonight.
  I see our friend from New Jersey (Mr. Holt) is here, and I now yield 
to Mr. Holt.
  Mr. HOLT. I thank my good friend from Virginia.
  I, too, want to pay tribute to the work that our colleague from 
Oregon has done under the umbrella of liveability, having to do with 
transportation, housing, I mean, even such things as the location of 
post offices in town.
  There are so many things over the years that Mr. Blumenauer has 
worked on to try to make communities livable and sustainable--
sustainable in the way they produce and use energy, and livable in the 
sense of getting the best quality of life through our transportation 
decisions, our housing decisions.
  What is so heartbreaking about the catastrophe that is under way in 
the Gulf of Mexico right now is that it did not have to be.
  As I left to join you here on the floor, they were showing on one of 
the news networks fish flopping sadly, trying to get air, trying to get 
out of the oil, clearly doomed. We have seen the birds washing ashore.
  It did not have to happen.
  The oil spill is unprecedented in scale, but it is not unprecedented 
in

[[Page 10520]]

kind, in our experience. In fact, I was talking with the Administrator 
of the Environmental Protection Agency yesterday, and she said, do you 
know how many oil spills we're dealing with essentially daily? Not on 
this scale, but it should be expected, it can be expected, in fact it 
must be expected that, if you drill, you will spill.
  As our colleague from Oregon was saying, for BP to go into this with 
no preparation whatsoever--I mean, they talk about they are a company 
that manages risk. Well, if they manage risk, they know, by definition, 
things can go wrong. That's what risk means: There is a down side. 
Well, what preparations, what plans, what studies, what research did 
they do for the down side? None.
  Now, we are in the process of not only extending the liability 
limit--and today we removed the per-incident limit so that the Coast 
Guard is not constrained by the $150 million limit, which they are 
already pushing up against--but we also must make sure that there is an 
enforcement of standards within the Minerals Management Agency 
separating those who grant the leases from those who collect the 
royalties on the leases from those who enforce the standards. We 
haven't done that. So we must do that, and we must do that soon, so 
that if any oil drilling is going to continue, that preparations are 
made for the down side.
  I hope, in fact, that we wean ourselves from this archaic fuel as 
soon as possible. I mean, what does the word ``fossil'' mean to most 
people? That means out of date. What we are talking about here, what 
these companies have been developing ever-more-sophisticated 
technologies to do is to bind ourselves more strongly to an archaic way 
of powering our society and our economy. It is archaic. We should be 
moving away from it as rapidly as possible so that this won't happen 
again, because it need not happen again.
  I thank my friend for drawing our colleagues' attention to this and 
talking about those things that we will be doing over the next couple 
of weeks, lifting the liability limits to put in place research 
programs and regulatory programs for the future.
  Mr. CONNOLLY of Virginia. I thank our friend from New Jersey and 
thank him for his leadership as well.
  Let me close by pointing out that there is a danger to bumper-sticker 
public policy making. Those who lived by ``drill, baby, drill'' now 
have to examine not only their consciences but the consequences of the 
actions that flowed from that strident call. ``Drill, baby, drill'' has 
now become ``spill, baby, spill.''
  The Governor of Louisiana today, Bobby Jindal, when he was in this 
body in 2005 said the following: ``We have a choice. Many of my 
colleagues do not want us drilling for oil off the coast of Florida and 
do not want us to drill for oil off the coast of California. I would 
ask those colleagues to join with me in providing incentives so that we 
can drill for oil in the deep waters of the Gulf of Mexico. The people 
of Louisiana,'' he said, ``welcome this production. We know it is good 
for our State, our country, and our economy.''
  I wonder if the Governor of Louisiana might pause today in calling 
for the government's assistance to clean up the worst oil spill, and 
arguably one of the worst environmental disasters ever to descend on 
our country, to consider whether that public policy statement made 
sense then and whether it makes sense now.
  The consequences of that philosophy of unrestricted oil drilling, 
irrespective of the environmental concerns, irrespective of the need 
for reasonable and prudent regulatory oversight to protect the public 
from precisely this kind of unmitigated disaster, have now actually 
happened because a whole bunch of people in a position to know better 
put oil ahead of everything else, including the public interests.
  I yield to my friend from New Jersey.
  Mr. HOLT. I thank the gentleman.
  You spoke earlier about the liability, a very important principle 
that has been to some extent and should be to the full extent of 
American law in this area, which is, ``polluter pays.'' That has been 
the basis of the Superfund program. That should be the basis for the 
oil liability legislation.
  BP has said they will pay reasonable costs and that sort of thing. We 
shouldn't have to take their word for it. We shouldn't have to take the 
word of a company that has flagrantly cut corners in the past at huge 
cost to life and natural environment, whether you're talking about the 
Texas City refinery, whether you're talking about the blowouts on the 
North Slope of Alaska, whether you're talking about the blowouts on the 
pipeline in Alaska, whether you're talking about failure to level with 
the American public and even with the Coast Guard and the experts on 
how much oil was escaping from this very well. The number keeps 
shifting, and the oil company, I think, has not been fully forthcoming.
  So this company asks us to take their word for it that they will pay, 
that they will pay for the cleanup, that they will pay for the 
environmental damages, they will pay for the economic damages and 
dislocation. I want that established in law. The liability limit should 
be raised to many billions of dollars, if there is a limit at all.
  Now, some here in the Congress, particularly from the other side, 
have said, ``Well, but you'll drive out the mom-and-pop, you'll drive 
out the small independents.'' Well, you have to have the ability to 
prevent and repair and pay for any damages when you go into business.
  The point of the oil liability legislation is not to protect small 
businesses; it's to protect our environment and the life of American 
citizens and the well being and economic opportunities for American 
citizens. And that means that the consideration should be how much 
damage can be done, and the liability limit should be large enough to 
cover the damage that can be done, not to ask whether this is going to 
put too much of a burden on a small company. The consideration should 
be, what is the damage? And there should be adequate liability to cover 
that.
  I'm hopeful that, in the next week or so, we will raise this 
liability limit from the laughably small number of $75 million to at 
least $10 billion. And I thank the gentleman for joining me in this 
effort. The American public is crying for it. They want to know that in 
law and in fact BP will be held responsible for the damage they have 
done.

                              {time}  1745

  Mr. CONNOLLY of Virginia. I thank my colleague from New Jersey. 
Again, I thank him so much for his participation tonight and for his 
leadership, especially in leading us in a legislative remedy.
  I want to end with this: on June 10, 2008, one of our colleagues 
actually said the following:
  There are 3,200 oil rigs off the coast of Louisiana. During Katrina, 
not a single drop was spilled. Actually, 600,000 gallons were spilled, 
but more than 7 billion barrels have been pumped from these wells over 
the past quarter century. Yet only 1-1/1000th of 1 percent was spilled. 
We would suggest that John McCain revisit his reservations about ANWR 
and run against the ``drill nothing'' Congress. Energy development and 
the environment are not mutually exclusive. In fact, this Republican 
colleague said, we would suggest that the first joint town hall meeting 
with Barack Obama, proposed by McCain, be held on one of those offshore 
Louisiana rigs.
  Surely, I hope our colleague did not mean this rig, the one that blew 
up, caught on fire, cost a number of lives, and led to the largest 
environmental disaster in American history.
  Mr. Speaker, I yield back.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mr. Davis of Illinois (at the request of Mr. Hoyer) for today.

                          ____________________




                         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 Ms. Woolsey) to revise and 
extend their remarks and include extraneous material:)

[[Page 10521]]

  Mr. Towns, for 5 minutes, today.
  Ms. Woolsey, for 5 minutes, today.
  Mr. Holt, for 5 minutes, today.
  Ms. Kaptur, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  Mrs. Maloney, for 5 minutes, today.
  (The following Members (at the request of Mr. Poe of Texas) to revise 
and extend their remarks and include extraneous material:)
  Mr. Moran of Kansas, for 5 minutes, June 17.
  Mr. Poe of Texas, for 5 minutes, June 17.
  Mr. Jones, for 5 minutes, June 17.
  Mr. Boozman, for 5 minutes, today.
  Mr. Burton of Indiana, for 5 minutes, June 14, 15, 16, and 17.
  Mr. Smith of New Jersey, for 5 minutes, today.
  Mr. Duncan, for 5 minutes, today.

                          ____________________




                              ADJOURNMENT

  Mr. CONNOLLY of Virginia. Mr. Speaker, I move that the House do now 
adjourn.
  The motion was agreed to; accordingly (at 5 o'clock and 46 minutes 
p.m.), under its previous order, the House adjourned until Monday, June 
14, 2010, at 12:30 p.m., for morning-hour debate.

                          ____________________




         EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL

  Reports concerning the foreign currencies and U.S. dollars utilized 
for Speaker-Authorized Official Travel during the third quarter of 2009 
and the second quarter of 2010 pursuant to Public Law 95-384 are as 
follows:

                           REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JENNIFER M. STEWART, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 29 AND MAY 4, 2010
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Date                                            Per diem\1\             Transportation            Other purposes                 Total
                                        ----------------------                           -------------------------------------------------------------------------------------------------------
                                                                                                       U.S. dollar               U.S. dollar               U.S. dollar               U.S. dollar
       Name of Member or employee                                       Country             Foreign     equivalent    Foreign     equivalent    Foreign     equivalent    Foreign     equivalent
                                          Arrival   Departure                               currency     or U.S.      currency     or U.S.      currency     or U.S.      currency     or U.S.
                                                                                                       currency\2\               currency\2\               currency\2\               currency\2\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Jennifer M. Stewart....................     4/30        5/01   Qatar....................  ...........       164.00  ...........     8,578.00  ...........  ...........  ...........     8,742.00
                                            5/01        5/02   Afghanistan..............  ...........        78.00  ...........  ...........  ...........  ...........  ...........        78.00
                                            5/02        5/03   Pakistan.................  ...........       262.00  ...........  ...........  ...........  ...........  ...........       262.00
                                                                                         -------------------------------------------------------------------------------------------------------
      Committee total..................  ........  ..........  .........................  ...........       504.00  ...........     8,578.00  ...........  ...........  ...........     9,082.00
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Per diem constitutes lodging and meals.
\2\If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
HON. JOHN A. BOEHNER, May 28, 2010.


                 (AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Date                                            Per diem\1\             Transportation            Other purposes                 Total
                                        ----------------------                           -------------------------------------------------------------------------------------------------------
                                                                                                       U.S. dollar               U.S. dollar               U.S. dollar               U.S. dollar
       Name of Member or employee                                       Country             Foreign     equivalent    Foreign     equivalent    Foreign     equivalent    Foreign     equivalent
                                          Arrival   Departure                               currency     or U.S.      currency     or U.S.      currency     or U.S.      currency     or U.S.
                                                                                                       currency\2\               currency\2\               currency\2\               currency\2\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hon. Adam Schiff.......................     6/27        6/30   Jordan...................  ...........    $1,021.18  ...........  ...........  ...........  ...........  ...........    $1,021.18
                                            6/30        7/1    Algeria..................  ...........       531.00  ...........  ...........  ...........  ...........  ...........       531.00
                                            7/1         7/3    Tunisia..................  ...........       501.74  ...........  ...........  ...........  ...........  ...........       501.74
    Misc. Embassy Costs................  ........  ..........  .........................  ...........  ...........  ...........        (\3\)  ...........     1,570.44  ...........     1,570.44
    Local Ground Transportation........  ........  ..........  .........................  ...........  ...........  ...........       573.18  ...........  ...........  ...........       573.18
John Blazey............................     6/27        6/30   Jordan...................  ...........     1,021.18  ...........  ...........  ...........  ...........  ...........     1,021.18
                                            6/30        7/1    Algeria..................  ...........       531.00  ...........  ...........  ...........  ...........  ...........       531.00
                                            7/1         7/3    Tunisia..................  ...........       501.74  ...........  ...........  ...........  ...........  ...........       501.74
    Misc. Embassy Costs................  ........  ..........  .........................  ...........  ...........  ...........        (\3\)  ...........     1,570.44  ...........     1,570.44
    Local Ground Transportation........  ........  ..........  .........................  ...........  ...........  ...........       573.18  ...........  ...........  ...........       573.18
Shalanda Young.........................     6/27        6/30   Jordan...................  ...........     1,021.18  ...........  ...........  ...........  ...........  ...........     1,021.18
                                            6/30        7/1    Algeria..................  ...........       531.00  ...........  ...........  ...........  ...........  ...........       531.00
                                            7/1         7/3    Tunisia..................  ...........       501.74  ...........  ...........  ...........  ...........  ...........       501.74
    Misc. Embassy Costs................  ........  ..........  .........................  ...........  ...........  ...........        (\3\)  ...........     1,570.44  ...........     1,570.44
    Local Ground Transportation........  ........  ..........  .........................  ...........  ...........  ...........       573.18  ...........  ...........  ...........       573.18
Clelia Alvardo.........................     6/27        6/30   Jordan...................  ...........     1,021.18  ...........  ...........  ...........  ...........  ...........     1,021.18
                                            6/30        7/1    Algeria..................  ...........       531.00  ...........  ...........  ...........  ...........  ...........       531.00
                                            7/1         7/3    Tunisia..................  ...........       501.74  ...........  ...........  ...........  ...........  ...........       501.74
    Misc. Embassy Costs................  ........  ..........  .........................  ...........  ...........  ...........        (\3\)  ...........     1,570.44  ...........     1,570.44
    Local Ground Transportation........  ........  ..........  .........................  ...........  ...........  ...........       573.18  ...........  ...........  ...........       573.18
Elizabeth C. Dawson....................     6/28        6/30   France...................  ...........     1,418.00  ...........  ...........  ...........  ...........  ...........     1,418.00
                                            6/30        7/3    Belgium..................  ...........     1,224.00  ...........  ...........  ...........  ...........  ...........     1,224.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     7,367.48  ...........  ...........  ...........     7,367.48
Hon. David E. Price....................     8/1         8/3    Canada...................  ...........       704.29  ...........        (\4\)  ...........        (\5\)  ...........       704.29
Hon. Harold Rogers.....................     8/1         8/3    Canada...................  ...........       704.29  ...........        (\4\)  ...........        (\5\)  ...........       704.29
Hon. Ciro Rodriguez....................     8/1         8/3    Canada...................  ...........       704.29  ...........        (\4\)  ...........        (\5\)  ...........       704.29
Hon. John Carter.......................     8/1         8/3    Canada...................  ...........       704.29  ...........        (\4\)  ...........        (\5\)  ...........       704.29
Stephanie Gupta........................     8/1         8/3    Canada...................  ...........       704.29  ...........        (\4\)  ...........        (\5\)  ...........       704.29
Ben Nicholson..........................     8/1         8/3    Canada...................  ...........       704.29  ...........        (\4\)  ...........        (\5\)  ...........       704.29
Kristi Mallard.........................     8/16        8/17   Norway...................  ...........       539.23  ...........  ...........  ...........  ...........  ...........       539.23
                                            8/17        8/20   Germany..................  ...........     1,080.00  ...........  ...........  ...........  ...........  ...........     1,080.00
                                            8/20        8/24   Hungary..................  ...........     1,062.17  ...........  ...........  ...........  ...........  ...........     1,062.17
                                            8/24        8/26   Italy....................  ...........     1,270.00  ...........  ...........  ...........  ...........  ...........     1,270.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     9,338.44  ...........  ...........  ...........     9,338.44
    Misc. Transportation...............  ........  ..........  .........................  ...........  ...........  ...........     \3\62.00  ...........  ...........  ...........        62.00
BG Wright..............................     8/16        8/17   Norway...................  ...........       539.23  ...........  ...........  ...........  ...........  ...........       539.23
                                            8/17        8/20   Germany..................  ...........     1,080.00  ...........  ...........  ...........  ...........  ...........     1,080.00
                                            8/20        8/24   Hungary..................  ...........     1,062.17  ...........  ...........  ...........  ...........  ...........     1,062.17
                                            8/24        8/26   Italy....................  ...........     1,270.00  ...........  ...........  ...........  ...........  ...........     1,270.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     9,338.44  ...........  ...........  ...........     9,338.44
    Misc. Transportation...............  ........  ..........  .........................  ...........  ...........  ...........    \3\120.00  ...........  ...........  ...........       120.00
                                            8/4         8/5    Kuwait...................  ...........       494.08  ...........  ...........  ...........  ...........  ...........       494.08
                                            8/5         8/7    United Arab Emirates.....  ...........       827.42  ...........  ...........  ...........  ...........  ...........       827.42
                                            8/7         8/9    Germany..................  ...........       722.56  ...........        (\3\)  ...........  ...........  ...........       722.56
Hon. Sanford Bishop....................     8/4         8/5    Kuwait...................  ...........       494.08  ...........  ...........  ...........  ...........  ...........       494.08
                                            8/5         8/7    United Arab Emirates.....  ...........       827.42  ...........  ...........  ...........  ...........  ...........       827.42
                                            8/7         8/9    Germany..................  ...........       722.56  ...........        (\3\)  ...........  ...........  ...........       722.56
Hon. Carolyn Kilpatrick................     8/4         8/5    Kuwait...................  ...........       494.08  ...........  ...........  ...........  ...........  ...........       494.08
                                            8/5         8/7    United Arab Emirates.....  ...........       827.42  ...........  ...........  ...........  ...........  ...........       827.42
                                            8/7         8/9    Germany..................  ...........       722.56  ...........        (\3\)  ...........  ...........  ...........       722.56
Beverly Aimaro Pheo....................     8/4         8/5    Kuwait...................  ...........       494.08  ...........  ...........  ...........  ...........  ...........       494.08
                                            8/5         8/7    United Arab Emirates.....  ...........       827.42  ...........  ...........  ...........  ...........  ...........       827.42
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........  \3\4,045.02  ...........  ...........  ...........     4,045.02
Adam Harris............................     8/4         8/5    Kuwait...................  ...........       494.08  ...........  ...........  ...........  ...........  ...........       494.08
                                            8/5         8/7    United Arab Emirates.....  ...........       827.42  ...........  ...........  ...........  ...........  ...........       827.42

[[Page 10522]]

 
                                            8/7         8/9    Germany..................  ...........       722.56  ...........        (\3\)  ...........  ...........  ...........       722.56
John Blazey............................     8/1         8/4    Poland...................  ...........       435.00  ...........  ...........  ...........  ...........  ...........       435.00
                                            8/4         8/7    Germany..................  ...........       837.00  ...........  ...........  ...........  ...........  ...........       837.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     7,998.00  ...........  ...........  ...........     7,998.00
    Misc. Transportation...............  ........  ..........  .........................  ...........  ...........  ...........        83.30  ...........  ...........  ...........        83.30
Mike Ringler...........................     8/1         8/4    Poland...................  ...........       564.00  ...........  ...........  ...........  ...........  ...........       564.00
                                            8/4         8/7    Germany..................  ...........       837.00  ...........  ...........  ...........  ...........  ...........       837.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     8,027.50  ...........  ...........  ...........     8,027.50
Beverly Aimaro Pheto...................     8/11        8/12   Madrid, Spain............  ...........       443.27  ...........  ...........  ...........  ...........  ...........       443.27
                                            8/12        8/13   Milan, Italy.............  ...........       451.80  ...........  ...........  ...........  ...........  ...........       451.80
                                            8/13        8/14   Florence, Italy..........  ...........       617.02  ...........  ...........  ...........  ...........  ...........       617.02
                                            8/14        8/15   Rome, Italy..............  ...........       600.15  ...........  ...........  ...........  ...........  ...........       600.15
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     8,577.80  ...........  ...........  ...........     8,577.80
Kate Hallahan..........................     8/9         8/10   Barcelona, Spain.........  ...........       445.75  ...........  ...........  ...........  ...........  ...........       445.75
                                            8/10        8/12   Madrid, Italy............  ...........       886.54  ...........  ...........  ...........  ...........  ...........       866.54
                                            8/12        8/13   Milan, Italy.............  ...........       451.80  ...........  ...........  ...........  ...........  ...........       451.80
                                            8/13        8/14   Florence, Italy..........  ...........       617.02  ...........  ...........  ...........  ...........  ...........       617.02
                                            8/14        8/15   Rome, Italy..............  ...........       600.15  ...........  ...........  ...........  ...........  ...........       600.15
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     8,264.80  ...........  ...........  ...........     8,264.80
Hon. Nita Lowey........................     8/4         8/6    Kenya....................  ...........     1,359.00  ...........  ...........  ...........  ...........  ...........     1,359.00
                                            8/6         8/9    South Africa.............  ...........     5,586.37  ...........  ...........  ...........  ...........  ...........     5,586.37
    Misc. Embassy Costs................  ........  ..........  .........................  ...........  ...........  ...........  ...........  ...........     1,442.50  ...........     1,442.50
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     6,226.00  ...........  ...........  ...........     6,226.00
    Misc. Travel Expenses..............  ........  ..........  .........................  ...........  ...........  ...........       235.00  ...........  ...........  ...........       235.50
Michele Sumilas........................     8/3         8/6    Kenya....................  ...........       494.08  ...........  ...........  ...........  ...........  ...........       494.08
                                            8/6         8/9    South Africa.............  ...........       827.42  ...........  ...........  ...........  ...........  ...........       827.42
    Misc. Embassy Costs................  ........  ..........  .........................  ...........  ...........  ...........  ...........  ...........     1,442.50  ...........     1,442.50
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     9,882.01  ...........  ...........  ...........     9,882.01
    Misc. Travel Expenses..............  ........  ..........  .........................  ...........  ...........  ...........       235.00  ...........  ...........  ...........       235.50
Hon. Kay Granger.......................     8/30        9/2    Argentina................  ...........     1,023.00  ...........  ...........  ...........  ...........  ...........     1,023.00
                                            9/2         9/5    Paraguay.................  ...........       780.00  ...........  ...........  ...........  ...........  ...........       780.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     8,101.20  ...........  ...........  ...........     8,101.20
John Blazey............................     8/30        9/2    Argentina................  ...........     1,023.00  ...........  ...........  ...........  ...........  ...........     1,023.00
                                            9/2         9/5    Paraguay.................  ...........       780.00  ...........  ...........  ...........  ...........  ...........       780.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     9,763.20  ...........  ...........  ...........     9,763.20
    Misc. Travel Expenses..............  ........  ..........  .........................  ...........  ...........  ...........       132.00  ...........  ...........  ...........       132.00
Diana Simpson..........................     8/30        9/2    Argentina................  ...........     1,023.00  ...........  ...........  ...........  ...........  ...........     1,023.00
                                            9/2         9/5    Paraguay.................  ...........       780.00  ...........  ...........  ...........  ...........  ...........       780.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     5,263.20  ...........  ...........  ...........     5,263.20
Mike Ringler...........................     8/17        8/19   El Salvador..............  ...........       542.00  ...........  ...........  ...........  ...........  ...........       542.00
                                            8/19        8/21   Guatemala................  ...........       554.00  ...........  ...........  ...........  ...........  ...........       554.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     2,283.41  ...........  ...........  ...........     2,283.41
    Misc. Travel Expenses..............  ........  ..........  .........................  ...........  ...........  ...........  ...........  ...........       616.65  ...........       616.65
Anne Marie Chotvacs....................     8/17        8/19   El Salvador..............  ...........       542.00  ...........  ...........  ...........  ...........  ...........       542.00
                                            8/19        8/21   Guatemala................  ...........       554.00  ...........  ...........  ...........  ...........  ...........       554.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     2,207.70  ...........  ...........  ...........     2,207.70
    Misc. Travel Expenses..............  ........  ..........  .........................  ...........  ...........  ...........  ...........  ...........       616.65  ...........       616.65
                                            8/29        8/31   Pakistan.................  ...........       180.00  ...........  ...........  ...........  ...........  ...........       180.00
                                            8/31        9/4    Ukraine..................  ...........     1,710.64  ...........  ...........  ...........  ...........  ...........     1,710.64
                                         ........  ..........  .........................  ...........  ...........  ...........  ...........  ...........       335.17  ...........       335.17
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........    11,490.90  ...........  ...........  ...........    11,490.90
Craig Higgins..........................     8/29        8/31   Pakistan.................  ...........       180.00  ...........  ...........  ...........  ...........  ...........       180.00
                                            8/31        9/4    Ukraine..................  ...........     1,710.64  ...........  ...........  ...........  ...........  ...........     1,710.64
                                            9/4         9/6    London...................  ...........       965.31  ...........  ...........  ...........     2,484.31  ...........     3,449.62
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........    11,629.80  ...........  ...........  ...........    11,629.80
    Misc. Travel Expenses..............  ........  ..........  .........................  ...........  ...........  ...........  ...........  ...........       335.17  ...........       335.17
Steve Marchese.........................     8/29        8/31   Pakistan.................  ...........       180.00  ...........  ...........  ...........  ...........  ...........       180.00
                                            8/31        9/4    Ukraine..................  ...........     1,710.64  ...........  ...........  ...........  ...........  ...........     1,710.64
    Misc. Travel Expenses..............  ........  ..........  .........................  ...........  ...........  ...........  ...........  ...........       335.17  ...........       335.17
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........    11,490.90  ...........  ...........  ...........    11,490.90
Paula Juola............................     8/12        8/13   United Arab Emirates.....  ...........       463.00  ...........  ...........  ...........  ...........  ...........       463.00
                                            8/13        8/15   Afghanistan..............  ...........       162.00  ...........  ...........  ...........  ...........  ...........       162.00
                                            8/15        8/16   United Arab Emirates.....  ...........       463.00  ...........  ...........  ...........  ...........  ...........       463.00
                                            8/16        8/17   Italy....................  ...........       329.00  ...........  ...........  ...........  ...........  ...........       329.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........    10,391.00  ...........  ...........  ...........    10,391.00
    Misc. Travel Expenses..............  ........  ..........  .........................  ...........  ...........  ...........        70.00  ...........  ...........  ...........        70.00
Linda Pagelsen.........................     8/12        8/13   United Arab Emirates.....  ...........       463.00  ...........  ...........  ...........  ...........  ...........       463.00
                                            8/13        8/15   Afghanistan..............  ...........       162.00  ...........  ...........  ...........  ...........  ...........       162.00
                                            8/15        8/16   United Arab Emirates.....  ...........       463.00  ...........  ...........  ...........  ...........  ...........       162.00
                                            8/16        8/17   Italy....................  ...........       329.00  ...........  ...........  ...........  ...........  ...........       329.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........    10,391.00  ...........  ...........  ...........    10,391.00
    Misc. Travel Expenses..............  ........  ..........  .........................  ...........  ...........  ...........       128.50  ...........  ...........  ...........       128.50
Christopher White......................     8/12        8/13   United Arab Emirates.....  ...........       463.00  ...........  ...........  ...........  ...........  ...........       463.00
                                            8/13        8/15   Afghanistan..............  ...........       162.00  ...........  ...........  ...........  ...........  ...........       162.00
                                            8/15        8/16   United Arab Emirates.....  ...........       463.00  ...........  ...........  ...........  ...........  ...........       463.00
                                            8/16        8/17   Italy....................  ...........       329.00  ...........  ...........  ...........  ...........  ...........       329.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........    10,391.00  ...........  ...........  ...........    10,391.00
    Misc. Travel Expenses..............  ........  ..........  .........................  ...........  ...........  ...........        70.00  ...........  ...........  ...........        70.00
Hon. Jack Kingston.....................     8/27        8/30   Tunisia..................  ...........       725.75  ...........  ...........  ...........  ...........  ...........       725.75
                                            8/30        9/1    Rwanda...................  ...........       750.95  ...........  ...........  ...........  ...........  ...........       750.95
                                            9/2         9/3    Zimbabwe.................  ...........       142.00  ...........  ...........  ...........  ...........  ...........       142.00
                                            9/3         9/4    Senegal..................  ...........       561.96  ...........        (\3\)  ...........  ...........  ...........       561.96
                                            8/17        8/19   South Korea..............  ...........       798.88  ...........  ...........  ...........  ...........  ...........       798.88
                                            8/19        8/20   China....................  ...........       291.31  ...........  ...........  ...........  ...........  ...........       291.31
                                            8/20        8/22   Taiwan...................  ...........       661.26  ...........  ...........  ...........  ...........  ...........       661.26
                                            8/22        8/24   Hong Kong................  ...........     1,055.10  ...........        (\3\)  ...........  ...........  ...........     1,055.10
Hon. Betty McCollum....................     9/18        9/21   Guatemala................  ...........       686.28  ...........  ...........  ...........  ...........  ...........       686.28
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     1,657.70  ...........  ...........  ...........     1,657.70
    Local Transportation...............  ........  ..........  .........................  ...........  ...........  ...........     1,340.88  ...........  ...........  ...........     1,340.88
    Misc. Embassy Costs................  ........  ..........  .........................  ...........  ...........  ...........  ...........  ...........     2,080.16  ...........     2,080.16
John Blazey............................     9/26        9/28   Chile....................  ...........     1,095.00  ...........  ...........  ...........  ...........  ...........     1,095.00
    Commercial Airfare.................  ........  ..........  .........................  ...........  ...........  ...........     7,860.70  ...........  ...........  ...........     7,860.70
    Misc. Transportation Costs.........  ........  ..........  .........................  ...........  ...........  ...........  ...........  ...........  ...........  ...........        36.00
                                                                                         -------------------------------------------------------------------------------------------------------
      Committee total..................  ........  ..........  .........................  ...........    73,795.05  ...........   186,757.60  ...........    16,006.04  ...........   276.558.69
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Per diem constitutes lodging and meals.
\2\If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
\3\Military air transportation.
\4\Part foreign, part domestic travel.
\5\Government aircraft.
HON. DAVID R. OBEY, Chairman, May 25,
 2010.


[[Page 10523]]



                          ____________________




                          ____________________


                     EXECUTIVE COMMUNICATIONS, ETC.

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

       7850. A letter from the Director of Legislative Affairs, 
     Natural Resources Conservation Service, Department of 
     Agriculture, transmitting the Department's ``Major'' final 
     rule -- Conservation Stewardship Program (RIN: 0578-AA43) 
     received June 4, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Agriculture.
       7851. A letter from the Chair, Congressional Oversight 
     Panel, transmitting the Panel's monthly report pursuant to 
     Section 125(b)(1) of the Emergency Economic Stabilization Act 
     of 2008, Pub. L. 110-343; to the Committee on Financial 
     Services.
       7852. A letter from the Paralegal Specialist, Department of 
     Transportation, transmitting the Department's final rule -- 
     Modification of Jet Route J-3; Spokane, WA [Docket No.: FAA-
     2010-0008; Airspace Docket No. 09-ANM-21] received May 24, 
     2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       7853. A letter from the Secretary, Department of Commerce, 
     transmitting letter of certification, pursuant to Public Law 
     105-261, section 1512; to the Committee on Foreign Affairs.
       7854. A letter from the Secretary, Department of the 
     Treasury, transmitting as required by section 401(c) of the 
     National Emergencies Act, 50 U.S.C. 1641(c), and section 
     204(c) of the International Emergency Economic Powers Act, 50 
     U.S.C. 1703(c), a six-month periodic report on the national 
     emergency with respect to Belarus that was declared in 
     Executive Order 13405 of June 16, 2006; to the Committee on 
     Foreign Affairs.
       7855. A letter from the Staff Director, Commission on Civil 
     Rights, transmitting notification that the Commission 
     recently appointed members to the Ohio Advisory Committee; to 
     the Committee on the Judiciary.
       7856. A letter from the Secretary, Department of Health and 
     Human Services, transmitting a petition filed on behalf of 
     workers from the Canoga Avenue facility, Los Angeles County, 
     California, to be added to the Special Exposure Cohort (SEC), 
     pursuant to the Energy Employees Occupational Illness 
     Compensation Program Act of 2000; to the Committee on the 
     Judiciary.
       7857. A letter from the Paralegal Specialist, Department of 
     Transportation, transmitting the Department's final rule -- 
     IFR Altitudes; Miscellaneous Amendments [Docket No.: 30722; 
     Amdt. No. 487] received May 24, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       7858. A letter from the Paralegal Specialist, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 
     Series Airplanes [Docket No.: FAA-2010-0435; Directorate 
     Identifier 2010-NM-084-AD; Amendment 39-16283; AD 2010-10-04] 
     (RIN: 2120-AA64) received May 24, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       7859. A letter from the Paralegal Specialist, Department of 
     Transportation, transmitting the Department's final rule -- 
     Amendment of Class E Airspace; Emmetsburg, IA [Docket No.: 
     FAA-2009-1153; Airspace Docket No. 09-ACE-13] received May 
     24, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       7860. A letter from the Paralegal Specialist, Department of 
     Transportation, transmitting the Department's final rule -- 
     Amendment of Class E Airspace; Mapleton, IA [Docket No.: FAA-
     2009-1155; Airspace Docket No. 09-ACE-14] received Paralegal 
     Specialist, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.

                          ____________________




                      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. PASCRELL (for himself, Mr. King of New York, Mr. 
             Thompson of Mississippi, Ms. Clarke, and Mr. Daniel 
             E. Lungren of California):
       H.R. 5498. A bill to enhance homeland security by improving 
     efforts to prevent, deter, prepare for, detect, attribute, 
     respond to, and recover from an attack with a weapon of mass 
     destruction, and for other purposes; to the Committee on 
     Homeland Security, and in addition to the Committees on 
     Energy and Commerce, Agriculture, Transportation and 
     Infrastructure, Foreign Affairs, and Intelligence (Permanent 
     Select), 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. MICA (for himself, Mr. Young of Alaska, Mr. 
             Petri, Mr. Coble, Mr. Duncan, Mr. Ehlers, Mrs. 
             Capito, Mr. Westmoreland, Mrs. Miller of Michigan, 
             Mr. Cao, Mr. Putnam, Mr. Graves, Mr. Shuster, and Mr. 
             Fleming):
       H.R. 5499. A bill to amend the Oil Pollution Act of 1990 to 
     authorize advances from Oil Spill Liability Trust Fund for 
     the Deepwater Horizon oil spill; to the Committee on 
     Transportation and Infrastructure, 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. DOYLE:
       H.R. 5500. A bill to establish the Steel Industry National 
     Historic Site in the State of Pennsylvania; to the Committee 
     on Natural Resources.
           By Mr. KING of New York (for himself, Mr. Pence, Mrs. 
             McMorris Rodgers, Mr. Smith of Texas, Mr. McKeon, Mr. 
             Sessions, Mr. Rogers of Alabama, Mr. Gohmert, Mr. 
             Tiahrt, Mr. Franks of Arizona, Mr. Buchanan, Mr. 
             Latta, Mr. Chaffetz, Mr. Hunter, Mr. Miller of 
             Florida, Mr. Culberson, Mrs. Blackburn, Mrs. 
             Bachmann, Mr. Roskam, Mr. Austria, Mr. Olson, Mr. 
             Broun of Georgia, Mr. Posey, Mr. Bilirakis, Mr. 
             Campbell, Mrs. Miller of Michigan, Mr. Daniel E. 
             Lungren of California, Mr. Lee of New York, Mr. 
             Carter, Mr. McClintock, Mr. Coble, Mr. Wilson of 
             South Carolina, Mr. Burton of Indiana, Mr. Lewis of 
             California, Mr. Calvert, Mr. Gallegly, Mr. Terry, Mr. 
             Kirk, and Mr. Bishop of Utah):
       H.R. 5501. A bill to prohibit United States participation 
     on the United Nations Human Rights Council (UNHRC) and 
     prohibit contributions to the United Nations for the purpose 
     of paying for any United Nations investigation into the 
     flotilla incident; to the Committee on Foreign Affairs.
           By Mr. MAFFEI (for himself, Mrs. Maloney, and Mrs. 
             McCarthy of New York):
       H.R. 5502. A bill to amend the effective date of the gift 
     card provisions of the Credit Card Accountability 
     Responsibility and Disclosure Act of 2009; to the Committee 
     on Financial Services.
           By Mr. CONYERS (for himself, Mr. Melancon, Mr. Nadler 
             of New York, Ms. Jackson Lee of Texas, Ms. Waters, 
             Mr. Cohen, Mr. Johnson of Georgia, Ms. Chu, Mr. 
             Deutch, Mr. Weiner, Ms. Linda T. Sanchez of 
             California, and Mr. Braley of Iowa):
       H.R. 5503. A bill to revise laws regarding liability in 
     certain civil actions arising from maritime incidents, and 
     for other purposes; to the Committee on the Judiciary, and in 
     addition to the Committee on Transportation and 
     Infrastructure, 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. GEORGE MILLER of California (for himself, Mrs. 
             McCarthy of New York, Mr. Platts, Mr. Polis, Mr. 
             Courtney, Ms. Chu, Mr. Loebsack, Mr. McGovern, Mr. 
             Sestak, Ms. Titus, Mr. Holt, Mr. Tonko, Ms. Fudge, 
             Mr. Wu, Mr. Hinojosa, Mrs. Capps, Mr. Pierluisi, Mr. 
             Sablan, Mr. Kildee, Mrs. Davis of California, Mr. 
             Payne, Mr. Grijalva, Mr. Kucinich, Mr. Andrews, Mr. 
             Hare, Ms. Clarke, Ms. Hirono, Mr. Bishop of New York, 
             Ms. Shea-Porter, Ms. Woolsey, and Mr. Scott of 
             Virginia):
       H.R. 5504. A bill to reauthorize child nutrition programs, 
     and for other purposes; to the Committee on Education and 
     Labor, 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. BURGESS:
       H.R. 5505. A bill to authorize the Secretary of Energy to 
     establish monetary prizes for achievements in designing and 
     proposing nuclear energy used fuel alternatives; to the 
     Committee on Science and Technology, and in addition to the 
     Committee on Ways and Means, 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. CONNOLLY of Virginia (for himself and Mr. 
             Polis):
       H.R. 5506. A bill to amend the Outer Continental Shelf 
     Lands Act to require that treatment of the issuance of any 
     exploration plans, development production plans, development 
     operation coordination documents, and lease sales required 
     under Federal law for offshore drilling activity on the outer 
     Continental Shelf as a major Federal action significantly 
     affecting the quality of the human environment for the 
     purposes of the National Environmental Policy Act of 1969, 
     and for other purposes; to the Committee on Natural 
     Resources.
           By Mr. HELLER:
       H.R. 5507. A bill to require the Secretary of Defense to 
     identify areas on military installations and certain other 
     properties as acceptable, unacceptable, or unassessed 
     regarding their suitability for placement of geothermal, 
     wind, solar photovoltaic, or solar thermal trough systems, 
     and for other purposes; to the Committee on Armed Services.

[[Page 10524]]


           By Mr. HELLER:
       H.R. 5508. A bill to provide for the development of solar 
     pilot project areas on public land in Lincoln County, Nevada; 
     to the Committee on Natural Resources.
           By Mr. HOLDEN (for himself and Mr. Goodlatte):
       H.R. 5509. A bill to support efforts to reduce pollution of 
     the Chesapeake Bay watershed and to verify that reductions in 
     pollution have been achieved, and for other purposes; to the 
     Committee on Transportation and Infrastructure, and in 
     addition to the Committee on Agriculture, 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 Ms. KAPTUR:
       H.R. 5510. A bill to amend the Emergency Economic 
     Stabilization Act of 2008 to allow amounts under the Troubled 
     Assets Relief Program to be used to provide legal assistance 
     to homeowners to avoid foreclosure; to the Committee on 
     Financial Services.
           By Mr. MARSHALL:
       H.R. 5511. A bill to amend the Federal Deposit Insurance 
     Act to codify the Transaction Account Guarantee Program of 
     the Federal Deposit Insurance Corporation; to the Committee 
     on Financial Services.
           By Mr. PERRIELLO:
       H.R. 5512. A bill to expand the boundary of Booker T. 
     Washington National Monument, and for other purposes; to the 
     Committee on Natural Resources.
           By Ms. PINGREE of Maine:
       H.R. 5513. A bill to amend the Outer Continental Shelf 
     Lands Act to require payment of royalty on all oil and gas 
     saved, removed, sold, or discharged under a lease under that 
     Act, and for other purposes; to the Committee on Natural 
     Resources.
           By Mr. POSEY:
       H.R. 5514. A bill to require State governments to submit 
     fiscal accounting reports as a condition to the receipt of 
     Federal financial assistance, and for other purposes; to the 
     Committee on Oversight and Government Reform.
           By Mr. SENSENBRENNER:
       H.R. 5515. A bill to amend the Federal Power Act to 
     establish a regional transmission planning process, and for 
     other purposes; to the Committee on Energy and Commerce.
           By Mr. STEARNS:
       H.R. 5516. A bill to amend title 38, United States Code, to 
     provide for certain requirements relating to the immunization 
     of veterans, and for other purposes; to the Committee on 
     Veterans' Affairs.
           By Mr. STEARNS:
       H.R. 5517. A bill to amend title 13, United States Code, to 
     require that the questionnaire used in a decennial census of 
     population shall include an inquiry regarding an individual's 
     status as a veteran, a spouse of a veteran, or a dependent of 
     a veteran, and for other purposes; to the Committee on 
     Oversight and Government Reform, and in addition to the 
     Committee on Veterans' Affairs, 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 Ms. TITUS (for herself, Mr. Heller, Mr. Franks of 
             Arizona, Ms. Giffords, and Ms. Berkley):
       H.R. 5518. A bill to amend the Internal Revenue Code of 
     1986 to allow the energy investment tax credit and the credit 
     for residential energy efficient property with respect to 
     natural gas heat pumps; to the Committee on Ways and Means.
           By Mrs. McMORRIS RODGERS (for herself, Mr. Reichert, 
             Mr. Smith of Washington, Mr. Larsen of Washington, 
             and Mr. Hastings of Washington):
       H. Con. Res. 285. Concurrent resolution recognizing the 
     important role that fathers play in the lives of their 
     children and families and supporting the goals and ideals of 
     designating 2010 as the Year of the Father; to the Committee 
     on Education and Labor.
           By Mr. BACA:
       H. Res. 1430. A resolution honoring and saluting golf 
     legend Juan Antonio ``Chi Chi'' Rodriguez for his commitment 
     to Latino youth programs of the Congressional Hispanic Caucus 
     Institute; to the Committee on Education and Labor.
           By Mr. FILNER (for himself, Ms. Jackson Lee of Texas, 
             and Mr. Rohrabacher):
       H. Res. 1431. A resolution calling for an end to the 
     violence, unlawful arrests, torture, and ill treatment 
     perpetrated against Iranian citizens, as well as the 
     unconditional release of all political prisoners in Iran; to 
     the Committee on Foreign Affairs.
           By Mr. HEINRICH:
       H. Res. 1432. A resolution honoring the State of New Mexico 
     on the passage of the Hispanic Education Act; to the 
     Committee on Education and Labor.
           By Mr. JONES (for himself, Ms. Markey of Colorado, Mr. 
             Whitfield, and Mr. Loebsack):
       H. Res. 1433. A resolution expressing support for 
     designation of September 2010 as Blood Cancer Awareness 
     Month; to the Committee on Energy and Commerce.
           By Mr. GARY G. MILLER of California (for himself, Mr. 
             Childers, Mr. Baca, Mr. Castle, Mr. Hinojosa, Mr. 
             Davis of Kentucky, Mr. Calvert, and Mr. Gerlach):
       H. Res. 1434. A resolution recognizing National 
     Homeownership Month and the importance of homeownership in 
     the United States; to the Committee on Financial Services.

                          ____________________




                               MEMORIALS

  Under clause 4 of rule XXII, memorials were presented and referred as 
follows:

       304. The SPEAKER presented a memorial of the House of 
     Representatives of the State of Florida, relative to House 
     Memorial 227 urging the Congress to preserve the authority of 
     the Governor to retain command and control of the Florida 
     National Guard; to the Committee on Armed Services.
       305. Also, a memorial of the Senate of the State of 
     Florida, relative to Senate Memorial 944 requesting that the 
     United States Congress direct that one of the retiring space 
     shuttle orbiters be preserved and placed on permanent display 
     at the Kennedy Space Center; to the Committee on Science and 
     Technology.

                          ____________________




                          ADDITIONAL SPONSORS

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

       H.R. 179: Mr. Garamendi.
       H.R. 197: Mr. Critz.
       H.R. 213: Mr. Heller.
       H.R. 275: Mr. Terry.
       H.R. 442: Mr. Perriello and Mr. Critz.
       H.R. 510: Mr. Pomeroy.
       H.R. 564: Mr. Polis.
       H.R. 615: Mr. Sires.
       H.R. 758: Mr. Kucinich.
       H.R. 775: Mr. Rogers of Michigan.
       H.R. 816: Mr. Critz.
       H.R. 881: Mr. McClintock and Mr. Schock.
       H.R. 930: Mrs. Bono Mack.
       H.R. 1034: Mr. Sablan.
       H.R. 1036: Ms. Richardson.
       H.R. 1132: Mr. Critz.
       H.R. 1205: Mrs. Davis of California and Mr. Nye.
       H.R. 1255: Mr. Calvert and Mr. Westmoreland.
       H.R. 1351: Mr. Rogers of Kentucky, Mr. Garamendi, Mr. 
     Terry, and Mr. Stark.
       H.R. 1587: Mr. Critz.
       H.R. 1621: Mr. Calvert.
       H.R. 1625: Ms. Eshoo and Mr. Moran of Virginia.
       H.R. 1751: Mr. Pierluisi.
       H.R. 1829: Mrs. Dahlkemper.
       H.R. 2057: Mr. Stark.
       H.R. 2103: Mr. Perriello.
       H.R. 2105: Mr. Ruppersberger.
       H.R. 2106: Mr. Ruppersberger.
       H.R. 2176: Ms. Richardson and Mr. Cohen.
       H.R. 2275: Mr. Rothman of New Jersey, Mr. Maffei, and Mr. 
     Boucher.
       H.R. 2287: Mr. Upton.
       H.R. 2296: Mr. Dreier and Mr. Critz.
       H.R. 2298: Mr. Higgins.
       H.R. 2328: Mr. Blumenauer.
       H.R. 2363: Mr. Grayson.
       H.R. 2425: Mr. McCotter, Ms. Schakowsky, and Mr. Gordon of 
     Tennessee.
       H.R. 2443: Mr. Schock.
       H.R. 2492: Mr. Hare.
       H.R. 2534: Ms. Herseth Sandlin.
       H.R. 2575: Mr. Cohen.
       H.R. 2625: Mr. Hinchey.
       H.R. 2782: Mr. Duncan.
       H.R. 2906: Mr. Boren.
       H.R. 2979: Mr. Kucinich and Mr. Grijalva.
       H.R. 3100: Ms. DeGette.
       H.R. 3116: Mr. Schauer.
       H.R. 3151: Mr. Terry and Mr. Smith of Washington.
       H.R. 3286: Mr. Arcuri.
       H.R. 3301: Mr. Owens, Mr. Donnelly of Indiana, Mr. Graves, 
     Mr. Marshall, and Ms. Herseth Sandlin.
       H.R. 3355: Mr. Tim Murphy of Pennsylvania and Mr. Price of 
     North Carolina.
       H.R. 3359: Mr. Moore of Kansas, Mr. Gonzalez, Mr. Lujan, 
     Mr. Cuellar, Mr. Waxman, Ms. DeGette, Mr. Kind, Mr. Al Green 
     of Texas, Mr. Nadler of New York, Mr. Capuano, Mrs. Capps, 
     Mr. Towns, Mr. Andrews, Mr. Stark, Mr. Van Hollen, Ms. 
     Kosmas, Ms. Kaptur, Mr. Rothman of New Jersey, Mr. Kanjorski, 
     Mr. Brady of Pennsylvania, Mr. Weiner, Mr. Hastings of 
     Florida, Ms. Corrine Brown of Florida, Mr. Oberstar, Ms. 
     Watson, Mr. Jackson of Illinois, Mr. Carson of Indiana, Mr. 
     Kennedy, Mr. Grayson, Mr. Cummings, Mr. Tonko, Mr. Salazar, 
     Mr. Cardoza, Mr. Sablan, and Mr. Ortiz.
       H.R. 3408: Mr. Oberstar and Mr. Boccieri.
       H.R. 3457: Mr. Ortiz.
       H.R. 3668: Mr. Grayson, Ms. Chu, Mr. Sherman, Mr. Yarmuth, 
     Mr. Putnam, Mr. Carney, Mr. Butterfield, Ms. Speier, and Mr. 
     Chaffetz.
       H.R. 3716: Mr. Boucher and Mr. Gene Green of Texas.
       H.R. 3724: Mr. Carter.
       H.R. 3790: Mr. Berry.
       H.R. 3989: Mr. Price of North Carolina.
       H.R. 3995: Mr. Lipinski and Mr. Patrick J. Murphy of 
     Pennsylvania.
       H.R. 4099: Mr. Polis.
       H.R. 4128: Mr. Wu and Ms. Hirono.

[[Page 10525]]


       H.R. 4195: Mr. McNerney, Ms. Richardson, and Mrs. Maloney.
       H.R. 4278: Mr. Luetkemeyer.
       H.R. 4302: Mr. Ortiz.
       H.R. 4329: Mr. Connolly of Virginia.
       H.R. 4343: Mr. Pierluisi.
       H.R. 4399: Mr. Polis.
       H.R. 4402: Mr. Pierluisi.
       H.R. 4555: Mr. Courtney and Mr. Murphy of Connecticut.
       H.R. 4568: Mr. Teague.
       H.R. 4594: Mr. Braley of Iowa, Mr. Ackerman, Mr. Rahall, 
     Mr. Waxman, and Mr. Johnson of Georgia.
       H.R. 4682: Ms. Lee of California.
       H.R. 4684: Mr. Luetkemeyer, Mr. Blunt, Ms. Jenkins, Mr. 
     Levin, Mr. McIntyre, Mr. Shimkus, Mr. Smith of Washington, 
     and Mr. Gallegly.
       H.R. 4709: Mr. Cohen.
       H.R. 4751: Mr. Rahall.
       H.R. 4771: Mr. Payne, Mr. Rangel, and Ms. Hirono.
       H.R. 4772: Mr. Ryan of Ohio.
       H.R. 4785: Mr. Davis of Illinois, Mr. Hastings of Florida, 
     and Mr. McIntyre.
       H.R. 4787: Mr. Cole and Mr. Blumenauer.
       H.R. 4788: Mrs. Napolitano and Mr. Foster.
       H.R. 4796: Mr. Cohen.
       H.R. 4879: Mr. Cohen, Ms. Matsui, Mr. George Miller of 
     California, Mr. Fattah, and Ms. Harman.
       H.R. 4886: Mr. Walz.
       H.R. 4914: Mr. Thompson of California and Mr. Sablan.
       H.R. 4925: Ms. Richardson and Mr. Stark.
       H.R. 4926: Ms. Corrine Brown of Florida, Ms. Ros-Lehtinen, 
     Ms. Castor of Florida, Ms. Richardson, Mr. Bishop of Georgia, 
     and Mr. Murphy of Connecticut.
       H.R. 4937: Mr. Wu.
       H.R. 4958: Ms. Chu.
       H.R. 4959: Mr. Price of North Carolina and Mr. Smith of 
     Washington.
       H.R. 4971: Mr. Blumenauer, Mr. Conyers, Ms. Waters, Ms. 
     Slaughter, Mr. Clyburn, Mr. Cao, Mr. McDermott, Mr. 
     Butterfield, Ms. Jackson Lee of Texas, Ms. Richardson, Mr. 
     Lewis of Georgia, and Mr. Scott of Virginia.
       H.R. 4993: Ms. Moore of Wisconsin.
       H.R. 4995: Mr. McCaul.
       H.R. 5012: Mr. Cohen.
       H.R. 5034: Mr. Boyd and Mr. Klein of Florida.
       H.R. 5066: Mr. Broun of Georgia.
       H.R. 5078: Mr. Peters.
       H.R. 5081: Mr. Meek of Florida.
       H.R. 5111: Mr. Broun of Georgia, Mr. Tim Murphy of 
     Pennsylvania, Mr. Posey, and Mr. Skelton.
       H.R. 5117: Mr. Honda, Mr. Rothman of New Jersey, Mr. Lewis 
     of Georgia, Mr. Wu, Ms. Clarke, and Mr. Nadler of New York.
       H.R. 5126: Mr. Broun of Georgia.
       H.R. 5141: Mr. LaTourette and Mrs. Capito.
       H.R. 5142: Mr. Yarmuth.
       H.R. 5143: Mrs. Christensen.
       H.R. 5156: Mr. Polis.
       H.R. 5157: Mr. Davis of Tennessee.
       H.R. 5159: Ms. Woolsey.
       H.R. 5177: Mr. Burgess.
       H.R. 5191: Mr. Honda.
       H.R. 5192: Mr. Coffman of Colorado.
       H.R. 5214: Mr. Perlmutter, Mr. Polis, and Mr. Courtney.
       H.R. 5258: Mr. Maffei.
       H.R. 5289: Mr. Ellison, Ms. Norton, Ms. Zoe Lofgren of 
     California, and Mr. Polis.
       H.R. 5313: Ms. Ginny Brown-Waite of Florida.
       H.R. 5324: Mr. Berman and Mr. Ellison.
       H.R. 5355: Mr. Hinchey and Mr. Carnahan.
       H.R. 5358: Mr. Holt.
       H.R. 5400: Mr. Nye.
       H.R. 5409: Mr. Kissell.
       H.R. 5412: Ms. Ginny Brown-Waite of Florida.
       H.R. 5425: Mr. Lamborn, Mrs. McMorris Rodgers, and Mr. 
     Kingston.
       H.R. 5426: Mr. Skelton.
       H.R. 5430: Mr. Grijalva.
       H.R. 5431: Mr. Kind.
       H.R. 5434: Mr. Hall of New York.
       H.R. 5449: Ms. Schakowsky.
       H.R. 5457: Mr. Towns and Mr. Space.
       H.R. 5481: Ms. Woolsey, Ms. DeLauro, Mr. Langevin, and Mr. 
     Inslee.
       H.R. 5487: Ms. McCollum and Ms. Richardson.
       H. Con. Res. 40: Mr. Critz.
       H. Con. Res. 200: Mr. Roskam.
       H. Con. Res. 259: Mr. Ackerman.
       H. Con. Res. 266: Mr. Simpson and Ms. Speier.
       H. Con. Res. 281: Mr. Gingrey of Georgia, Mr. Brown of 
     South Carolina, Mr. Brady of Texas, and Mr. Marchant.
       H. Con. Res. 283: Mr. Owens.
       H. Res. 173: Mrs. Dahlkemper, Mr. Critz, Mr. Lipinski, and 
     Mr. Mitchell.
       H. Res. 363: Mr. Payne.
       H. Res. 536: Mr. Israel.
       H. Res. 546: Mr. Hastings of Florida and Mr. Cooper.
       H. Res. 633: Mr. Rush and Ms. Richardson.
       H. Res. 771: Mr. Rogers of Alabama, Mr. Calvert, Mr. Rush, 
     Mr. Platts, Mr. Bartlett, Mr. Akin, Ms. Schwartz, Ms. 
     Baldwin, and Ms. Titus.
       H. Res. 953: Ms. Schakowsky, Ms. Baldwin, Mr. Inglis, Mr. 
     Cao, Mr. Pitts, Mr. Ellison, and Mr. Shuler.
       H. Res. 1035: Mr. Tierney.
       H. Res. 1207: Mr. Sablan, Mr. Ortiz, Mr. Boswell, and Mr. 
     Bishop of Georgia.
       H. Res. 1217: Mr. Carney.
       H. Res. 1241: Mr. Lee of New York.
       H. Res. 1302: Mr. Space.
       H. Res. 1309: Mr. Young of Florida.
       H. Res. 1359: Mr. Peters, Mr. Honda, Mr. Grayson, Mr. 
     Rothman of New Jersey, Mr. Polis, Mr. Holt, Ms. Schakowsky, 
     Ms. Kilroy, Ms. Harman, Mr. Moran of Virginia, Mr. Inglis, 
     and Mr. Connolly of Virginia.
       H. Res. 1374: Mr. Schock.
       H. Res. 1375: Ms. Richardson, Ms. Sutton, Mr. Stark, and 
     Mr. Grijalva.
       H. Res. 1379: Mr. Pomeroy and Mr. Daniel E. Lungren of 
     California.
       H. Res. 1390: Mr. Moran of Virginia and Mr. Stark.
       H. Res. 1393: Mr. Kennedy and Mr. McNerney.
       H. Res. 1394: Mr. Gallegly and Mrs. Miller of Michigan.
       H. Res. 1398: Mr. Stark.
       H. Res. 1401: Mr. Teague and Ms. Pingree of Maine.
       H. Res. 1402: Mr. Oberstar, Mr. Hare, and Mr. Lee of New 
     York.
       H. Res. 1406: Mr. Broun of Georgia and Mr. Chaffetz.
       H. Res. 1407: Mr. Lance, Mr. Gerlach, Mr. Wamp, Mrs. 
     Myrick, Ms. Ginny Brown-Waite of Florida, Mr. Dent, Mr. 
     Shimkus, and Mr. Castle.
       H. Res. 1414: Mr. Gutierrez.
       H. Res. 1428: Ms. DeLauro.

                          ____________________




                            PETITIONS, ETC.

  Under clause 3 of rule XII, petitions and papers were laid on the 
clerk's desk and referred as follows:

       141. The SPEAKER presented a petition of City of Miami 
     Beach, Florida, relative to Resolution No. 2010-27379 urging 
     the President and the Congress of the United States to Adopt 
     the Military Readiness Enhancement Act of 2009 (H.R. 1283); 
     to the Committee on Armed Services.
       142. Also, a petition of City and County of Honolulu, 
     Hawaii, relative to Resolution 10-56, CD1 urging the United 
     States Congress to support a final version of the Native 
     Hawaiian Government Reorganization Act; to the Committee on 
     Natural Resources.
       143. Also, a petition of American Bar Association, 
     Illinois, relative to Resolution 102E urging federal, state, 
     territorial, and local governments to expand as appropriate 
     in light of security and safety concerns, initiatives that 
     facilitate contact and communication between parents in 
     correctional custody and their children; jointly to the 
     Committees on the Judiciary, Education and Labor, and Ways 
     and Means.
     
     
     


[[Page 10526]]

                         EXTENSIONS OF REMARKS

                          ____________________




                     STATEMENT ON EFFIE LEE MORRIS

                                 ______
                                 

                           HON. NANCY PELOSI

                             of california

                    in the house of representatives

                        Thursday, June 10, 2010

  Ms. PELOSI. Madam Speaker, I rise to pay tribute to a longtime 
literary advocate and community leader, Effie Lee Morris, who died in 
San Francisco last November 10. On June 14, family, friends and San 
Francisco dignitaries will gather at the San Francisco Public Library 
to celebrate her lifetime of work as a librarian and advocate for 
underserved children and the visually impaired. They will pay tribute 
to her life as a visionary who recognized the power of literacy and 
education in overcoming racism, inequality and poverty.
  Morris began her life's work as a literary activist as a public 
librarian in Cleveland, Ohio more than 60 years ago. Recognizing that 
education is the most important investment we can make in our future, 
she focused primarily on children's literacy in African American 
communities and low-income urban areas, and helped to establish the 
first Negro History Week. In 1955, she moved to New York City where she 
worked for the New York Public Library. There she continued to work 
with children and began advocating for the rights of the visually 
impaired, eventually becoming a children's specialist at the New York 
Public Library's Library for the Blind from 1958 to 1963.
  In 1963, San Francisco was blessed when Morris arrived in our city 
and became the first Coordinator of Children's Services at our Public 
Library, where she established the Children's Historical and Research 
Collection. It stands in tribute to her today. The children's 
literature section that she created is named in her honor.
  In 1968, Morris helped found the San Francisco Chapter of the Women's 
National Book Association and served as the first African American 
president of the Public Library Association.
  Upon retirement, Morris continued to serve the San Francisco Bay Area 
community, and taught courses on children's literature at Mills College 
and the University of San Francisco. Morris served as the first female 
chairperson of the Library of Congress as well as the President of the 
National Braille Association for two terms. She also served on the 
California State Library Board, and was a lifetime member of the San 
Francisco African American Historical and Cultural Society.
  We grieve Effie Lee Morris' passing, but celebrate her legacy, which 
will live on in the many lives she touched.

                          ____________________




      RECOGNIZING COLONEL STEVEN SMITH'S SERVICE TO FORT HAMILTON

                                 ______
                                 

                        HON. MICHAEL E. McMAHON

                              of new york

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. McMAHON. Madam Speaker, I rise today to pay tribute to Colonel 
Steven V. Smith, Installation Commander, at Fort Hamilton, located in 
my district of Brooklyn, New York. Fort Hamilton is the only active 
military base in New York City. Colonel Smith is leaving his post as 
Installation Commander to return to his alma mater, Norwich University 
in Northfield, Vermont to prepare the next generation of graduates and 
officers for the United States Military.
  In 1984, Colonel Stephen V. Smith graduated from Norwich University 
where he earned a Bachelor of Science degree in Business 
Administration. Upon graduating, he was commissioned a Second 
Lieutenant in the U.S. Army Infantry. He went on to pursue a Master of 
Science from Rensselaer Polytechnic Institute, and a Master's of 
Strategic Studies from the U.S. Army War College.
  Colonel Smith started his career at Fort Carson, Colorado, where he 
was a Rifle Platoon Leader, Executive Officer, and Mortar Platoon 
Leader, 2nd Battalion, 8th Infantry.
  During his distinguished career, Colonel Smith was deployed to Bosnia 
as the 10th Mountain G4 Plans Officer. He also served as Executive 
Officer of the 10th Division Support Command, and the G4 (Logistics 
Officer) for the 10th Mountain Division where he was deployed in 
support of Operation Enduring Freedom in 2001.
  In June of 2008, Colonel Smith became, Installation Commander at Fort 
Hamilton, Brooklyn, New York. During his time at his final Military 
assignment, he was instrumental in providing a location for a second 
National Guard Civil Support Team (Weapons of Mass Destruction) which 
gave New York City's first responders a vital resource to utilize in 
the event of a terrorist attack.
  Colonel Smith's awards and decorations include the Legion of Merit, 
the Bronze Star, the Meritorious Service Medal (4th Oak Leaf Cluster), 
the Army Commendation Medal (1st Oak Leaf Cluster), the Army 
Achievement Medal, the National Defense Service Medal, Armed Forces 
Expeditionary Medal, Global War on Terror Expeditionary Medal, Korean 
Defense Service Medal, Humanitarian Service Medal, Army Service and 
Overseas Ribbons, NATO Medal, Air Assault and Airborne badges and the 
Ranger Tab.
  Madam Speaker, I would like to take this opportunity to thank Colonel 
Smith for his service to New York City and the Fort Hamilton Community. 
Besides being an active base in America's largest city, Fort Hamilton 
is also a community treasure for the neighborhoods and people of South 
Brooklyn. Under Colonel Smith's leadership many community organizations 
have been able to utilize the wonderful resources of this historic base 
and he has fostered a strong sprit of patriotism in support of our men 
and women in uniform throughout the broader community.
  He has worked to upgrade housing on the base for active duty Members 
as well as rehabilitate the historic officers clubhouse which is a 
resource for not only the base but for many community organizations.
  Colonel Smith truly represents the best and the brightest of the 
United States Army and he will continue to serve this Country with 
honors. I wish Colonel Smith, his wife Donna, daughters Elizabeth and 
Colleen and son Matthew the best of luck in his next pursuit. The 
students and faculty of Norwich University are incredibly lucky to gain 
the talent, dedication and leadership of my friend Colonel Stephen 
Smith.

                          ____________________




 HONORING THE SERVICE AND SACRIFICE OF UNITED STATES ARMY SERGEANT RAY 
                                 HICKS

                                 ______
                                 

                        HON. GABRIELLE GIFFORDS

                               of arizona

                    in the house of representatives

                        Thursday, June 10, 2010

  Ms. GIFFORDS. Madam Speaker, I rise today to honor United States Army 
Sergeant Ray Hicks, who passed away on April 24, 2010.
  Son of Jimmy and Aurelia Hicks of the Federated States of Micronesia, 
Ray was a Multichannel Transmission Systems Operator-Maintainer who 
trained at Fort Jackson, South Carolina and Fort Gordon, Georgia before 
being assigned to Fort Huachuca, Arizona.
  He joined the Army in June 2006 in my district in southern Arizona 
and is remembered fondly by his officers, NCOs and fellow soldiers.
  According to his Battalion Commander, Sergeant Hicks was a devoted 
friend and soldier who would always lend a helping hand and who was 
greatly respected and admired by many.
  We remember Sergeant Ray Hicks and offer our deepest condolences and 
sincerest prayers to his family. My words cannot effectively convey the 
feeling of great loss nor can they offer adequate consolation. However, 
it is my hope that in future days, his family may take some comfort in 
knowing that Ray made a difference in the lives of many others and 
serves as an example of a competent and caring leader and friend that 
will live on in the hearts and minds of all those he touched.
  This body and this country owe Ray and his family a debt of gratitude 
and it is vital that we remember him and his service to his country.

[[Page 10527]]

  Sergeant Ray Hicks leaves behind his beloved wife Tressia, his 
daughter Anana, his parents Jimmy and Aurelia and many aunts, uncles, 
cousins and friends.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. ROBERT E. LATTA

                                of ohio

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. LATTA. Madam Speaker, on Friday, May 28, 2010, I missed a series 
of votes on account of traveling back to Ohio to attend my daughter's 
high school graduation. If I had been present, I would have voted 
``no'' on Rollcall No. 324, ``no'' on Rollcall No. 325, ``aye'' on 
Rollcall No. 326, ``aye'' on Rollcall No. 327, ``aye'' on Rollcall No. 
328, ``aye'' on Rollcall No. 329, ``aye'' on Rollcall No. 330, ``aye'' 
on Rollcall No. 331, ``no'' on Rollcall No. 332, ``aye'' on Rollcall 
No. 333, ``no'' on Rollcall No. 334, ``aye'' on Rollcall No. 335, and 
``no'' on Rollcall No. 336.

                          ____________________




                  IN RECOGNITION OF DR. CAROLYN GARVER

                                 ______
                                 

                           HON. PETE SESSIONS

                                of texas

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. SESSIONS. Madam Speaker, I rise today to recognize Dr. Carolyn 
Garver for her hard work and dedication to advocating on behalf of 
children with autism.
  Dr. Garver's lifelong passion of working with children with autism 
began in 1979 when she joined the Autism Treatment Center, where she 
currently serves as Program Director. In addition to her years of 
experience, she is a licensed Child Care Administrator and holds a 
Ph.D. in Health Studies. Dr. Garver is a recognized expert in autism 
and has presented at numerous national and international forums, most 
notably at the Indo-U.S. Science and Technology Forum in New Delhi, 
India in September 2006. She also presented at the 2008 Texas State 
Conference on Autism and the Texas State Head Start Association on 
Autism Spectrum Disorder. She also serves on the Advisory Task Force at 
Texas Tech University's Burkhart Center's Autism Program and is a Board 
Member of the Dallas Chapter of the Autism Society of America.
  Dr. Garver has devoted her life to this worthy cause, working closely 
with families, individuals, and agencies. She is a tireless advocate 
and a remarkable woman that possesses great compassion, patience, 
knowledge, and hope--hope for a brighter future for individuals with 
autism.
  Madam Speaker, I ask my esteemed colleagues to join me in recognizing 
Dr. Carolyn Garver for her dedicated efforts to empowering individuals 
with autism and helping them reach their full potential.

                          ____________________




  HONORING THE 75TH ANNIVERSARY OF BOY SCOUT TROOP 58 OF PHOENIXVILLE

                                 ______
                                 

                            HON. JIM GERLACH

                            of pennsylvania

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. GERLACH. Madam Speaker, I rise today to honor Boy Scout Troop 58 
of Phoenixville, Chester County as they celebrate their 75th 
anniversary.
  Chartered by the Knights of Columbus #1374, Troop 58 is the oldest 
Scouting organization serving the youth of Phoenixville.
  The Troop has enriched the lives of several generations of boys and 
young men through activities geared toward building character, 
developing leadership skills and instilling a commitment to serving 
others.
  In 1955, the Troop established a Dive and Rescue Unit with the help 
of Friendship Fire Company in the Borough and Scouts have received 
training from members of the Philadelphia Police Harbor Patrol.
  The success of the Troop can be attributed to the dedicated 
volunteers and Troop alumni who graciously commit countless hours to 
area youth and the organization. The outstanding effort has resulted in 
37 scouts earning their Eagle Scout Badges.
  Madam Speaker, I ask that my colleagues join me today in 
congratulating Boy Scout Troop 58 on reaching this very special 
milestone and offering best wishes for continued success in mentoring 
generations of local youth and building a stronger community and 
nation.

                          ____________________




     IN MEMORY OF DR. ROBERT MINTURN LOCKWOOD III OF DENTON, TEXAS

                                 ______
                                 

                        HON. MICHAEL C. BURGESS

                                of texas

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. BURGESS. Madam Speaker, I proudly rise today to honor the memory 
of Dr. Robert Minturn Lockwood III, a respected, active, and beloved 
member of the North Texas community.
  Known as ``Doc Lock'' to friends, employees, and patients, Dr. 
Lockwood provided exceptional radiological health care in Denton, Texas 
for 52 years, and his legacy will persevere for years to come.
  Dr. Lockwood was born on August 28, 1922 in Philadelphia, PA. A 
lifelong learner, he attended Harvard, graduated from the University of 
Pennsylvania Medical School, and twice earned the Physician's 
Recognition Award in Continuing Education.
  In 1956, Dr. Lockwood arrived in Denton, Texas, and co-founded the 
Family Radiology Clinic. Dr. Lockwood was active in the Denton County 
Medical Society, and served as the President of the society for a 
number of years starting in 1966. Dr. Lockwood also belonged to 
multiple medical societies, including the American Medical Association, 
Texas Medical Association, and the Texas Radiological Society. After 
his first wife's death, Dr. Lockwood established Ann's Haven Hospice, 
which provides nonprofit home health care regardless of a patient's 
complex condition or ability to pay.
  While Dr. Lockwood was a devoted medical professional, he also had 
many hobbies and interests. Described as a jolly man with an excellent 
sense of humor, Dr. Lockwood was an avid reader, fossil collector, 
gardener, birdwatcher, poet and playwright. He loved music, language 
and the arts, and was beloved by all who knew him.
  Dr. Lockwood is survived by his wife, Sandy; his children, Ben 
Lockwood, Millie Lockwood, Rachel Cross and her husband John; and his 
granddaughter, Anna Morshedi and her husband Grant.
  Madam Speaker, it is with great honor that I rise today to remember 
Dr. Robert Minturn Lockwood III, for his remarkable legacy and service 
to the community of North Texas. I am proud to represent such an 
outstanding citizen from the 26th District of Texas in the United 
States House of Representatives.

                          ____________________




              IN HONOR OF FEDERICO'S DRIVE IN SHOE SERVICE

                                 ______
                                 

                             HON. SAM FARR

                             of california

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. FARR. Madam Speaker, I rise today to congratulate Federico's 
Drive In Shoe Service, a local icon in my Central Coast Congressional 
District, on its 70th anniversary. Since 1940, Federico's has served 
the Monterey Bay area with exemplary craftsmanship, the highest quality 
materials, and quick and efficient service.
  Charles Federico began his career at the age of fourteen. The young 
apprentice was assigned to the shoe shine stand for his first two 
years, and then graduated to replacing heels. Within ten years he had 
purchased his first store, handling shoe repair in one corner and 
selling fishing gear in another.
  His business, then called Franklin Shoe Repair, expanded quickly; in 
1957 he added the extra convenience of a drive-up window to his 
Monterey store which greatly increased the volume of business, and he 
also opened a second shop on the former Fort Ord Army Base. He paid 
particular attention to shop appearance, workmanship, merchandising and 
shop management. In 1958 he won the National Leather and Shoe Finders 
Association National Silver Cup Contest, as being the best shoe repair 
store in America. Over the years he and his son, Henry, have won 27 
local and regional industry awards.
  Members of my family have patronized Federico's shop for decades, and 
many of their customers cite their outstanding product knowledge and 
customer service as reasons for their loyalty. Charles is now ninety-
three and his son, Henry, runs the shop. They have branched out into 
engraving trophies and sewing logo merchandise. Their employees carry 
on the traditions that won them the Silver Cup so many years ago.
  Madam Speaker, I know my colleagues join me in wishing Federico's a 
very happy 70th Anniversary, and many more to come.

[[Page 10528]]



                          ____________________




                RECOGNIZING THE LIFE OF MR. LEON HINOTE

                                 ______
                                 

                            HON. JEFF MILLER

                               of florida

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. MILLER of Florida. Madam Speaker, it is with a heavy heart, that 
I rise to recognize the life and deeds of one of Santa Rosa County's 
most respected residents, Mr. Leon Hinote. Throughout his 89 years, Mr. 
Hinote spent his days as a true patriot and committed public servant. 
In his passing, Madam Speaker, I am proud to honor his lifetime as a 
compassionate and inspirational leader.
  Born the fourth of seven children, Mr. Hinote's strong character 
began to take root in the soils of Santa Rosa County; fully blooming 
into the virtues of patriotism, diligence, kindness and faithfulness 
which have impacted so many. To many, he was more than just a neighbor. 
He was a friend to the faint hearted, a sturdy back to the heavy 
burdened, and a kind voice to a weary companion.
  Mr. Leon Hinote is a remarkably special man that belongs to a 
remarkably special group--America's Greatest Generation. In 1942, Mr. 
Hinote enlisted into the U.S. Army. Not wanting to wade in the 
spotlight or expecting to be honored, he was always willing to put 
others before himself. It was not until recently, that Mr. Hinote was 
awarded with many of the honors he earned while bravely defending our 
great nation and her ideals.
  While his distinguished military record is more than enough to 
warrant praise and admiration, Mr. Hinote did not stop serving the 
others around him. After leaving the military, Mr. Hinote not only 
served on the Milton City Council for two terms, but he was also 
elected Santa Rosa County sheriff. Admired by many, Mr. Hinote is a 
role model for the entire community of Northwest Florida and a rare 
example of someone who truly understands what it means to lead by 
example.
  While we shall greatly miss Mr. Hinote, his legacy and his memory 
shall remain. His life that spanned eight decades will serve as a 
mirror for us all to gaze upon and find the full measure of a man. 
Madam Speaker, on behalf of the United States Congress and a grateful 
community, it is the highest privilege and with great pride that I 
honor the life of Mr. Leon Hinote. My wife Vicki and I extend our 
deepest sympathies to his loved ones and children: Clifton, Janet, and 
Theresa.

                          ____________________




               TRIBUTE TO FORMER CONGRESSMAN FRANK EVANS

                                 ______
                                 

                          HON. JOHN T. SALAZAR

                              of colorado

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. SALAZAR. Madam Speaker, I wish to pay tribute to a dedicated 
public servant from the State of Colorado.
  Former Congressman Frank Evans passed away on Tuesday, June 8, 2010.
  Colorado and the city of Pueblo have lost a tremendously respected 
leader.
  Congressman Evans led a remarkable life.
  A Pueblo native, Congressman Evans served in the Navy, flying planes 
in the Pacific Theater of World War II.
  He returned to Colorado to get his law degree from the University of 
Denver, before being elected to represent Pueblo in the State Assembly 
in 1960.
  Named ``Outstanding Freshman of the Year,'' his colleagues and 
constituents alike were inspired by his dedication to public service.
  From 1964-1978, the Congressman represented Colorado's third district 
in the U.S. House of Representatives, the seat in which I currently 
serve.
  The tremendous impact his leadership has had on our district can 
still be felt to this day.
  Congressman Evans was responsible for bringing the Government 
Printing Office Distribution Center to Pueblo, and he was the 
mastermind behind the popular Payment in Lieu of Taxes program that has 
brought federal dollars for federal lands to states like ours.
  When serving in Congress, Congressman Evans was a fervent advocate 
for the people and Western way of life in the 3rd district of Colorado.
  Never losing sight of issues that were important to Coloradans, he 
was also a true gentleman.
  In the often contentious atmosphere of today's politics, Congressman 
Evans was an example to those of us who strive to serve the public.
  His close friend said of him ``That was Frank. Always a gentleman. He 
wanted the facts. He wouldn't go after somebody just for partisan 
reasons.''
  Congressman Evans never forgot where he came from, and he lived to 
serve others so that they could have a brighter future.
  I am proud to serve in his former seat, and grateful for his legacy.
  My condolences go out to his family during this difficult time.
  He will be missed but his memory will live on through all of the 
lives that he touched in western Colorado.

                          ____________________




       REINTRODUCTION OF THE NUCLEAR USED FUEL PRIZE ACT OF 2010

                                 ______
                                 

                        HON. MICHAEL C. BURGESS

                                of texas

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. BURGESS. Madam Speaker, I rise today to reintroduce legislation I 
first authored in the 110th Congress. As our country moves toward 
clean, reliable energy, a natural progression will be toward nuclear 
energy. Indeed, earlier this year, President Obama announced $8 billion 
in new federal loan guarantees for two new nuclear power plants in 
Georgia.
  However, as we inevitably move toward greater use of nuclear energy, 
we cannot hide our heads in the sand about the need for safe, reliable 
ways to store and dispose of the waste created by such energy 
production.
  Nuclear power is praised for its zero carbon emissions, but it comes 
at a price--radioactive fuel rods that will continue to emit dangerous 
radiation and be the source of radioactive debris for thousands of 
years. Congress designated Yucca Mountain, Nevada, as the nation's sole 
candidate site for a permanent high-level nuclear waste repository in 
1987. The unused Yucca Mountain site has cost taxpayers an estimated $9 
billion. Over $1.2 billion has been spent on the seventy-one claims 
filed against the Department of Energy for the failure to abide by the 
1987 contract to dispose of spent nuclear fuel.
  There remain deep concerns that Yucca Mountain does not present a 
long-term solution to nuclear waste because of uncertainty about the 
long-term geologic stability of the site. The amount of existing 
nuclear waste already exceeds the storage capacity at the site; 
moreover, the state of Nevada adamantly opposes the site, and other 
locations have not been offered. President Obama and the Secretary of 
Energy Steven Chu have both stated their objections to the proposed 
repository at Yucca Mountain, and President Obama stripped further 
funding for Yucca Mountain in the FY2010 budget.
  Delay in authorizing a nuclear waste site has wasted an enormous sum 
of taxpayer dollars and resources. One proposed alternative to Yucca 
Mountain has been to reprocess spent nuclear fuel in order to recover 
usable fuel and cut down on the volume of waste. The issue remains 
complicated; reprocessing carries the potential of creating weapons-
grade nuclear material thus presenting a global proliferation risk as 
other nations employ the technology. As the United States continues to 
dissuade other nations, namely Iran and North Korea, from nuclear 
reprocessing, we take a dangerous political risk in engaging in the 
process ourselves.
  The legislation I am reintroducing today would encourage the creation 
of an efficient and safe process to store nuclear waste. The Nuclear 
Used Fuel Prize Act of 2010 would set up a competition to design the 
best way to remove and store nuclear waste. I am a strong supporter of 
nuclear power and I look forward to working toward finding a solution 
to storing nuclear waste. I believe this legislation will provide the 
incentives to find permanent solutions to our energy needs.

                          ____________________




                     CONGRATULATIONS TO PHIL DUDLEY

                                 ______
                                 

                           HON. ADRIAN SMITH

                              of nebraska

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. SMITH of Nebraska. Madam Speaker, I rise today to recognize 
Hastings College President Phil Dudley for his exemplary service to 
Nebraska students and his community as a whole.
  President Dudley has announced his retirement after nearly 40 years 
of dedication to Hastings College, including 10 years as President. His 
service is precluded by his doctoral education in economics and many 
leadership positions within Hastings College and the surrounding 
community.

[[Page 10529]]

  As Hastings College President, President Dudley is credited for the 
construction of the Osborne Family Sports Complex, Barrett Family 
Alumni Center, Bronco Village Apartments, and the Morrison-Reeves 
Science Center.
  President Dudley's embrace and promotion of service learning on the 
campus has led Hastings College students and faculty to dedicate 
100,000 hours of their time to civic engagement. In recognition, 
Hastings College has been named to the President's Higher Education 
Community Service Honor Roll.
  His dedication to students is further exemplified in the expansion of 
academic programs. This includes the addition of majors in 
biochemistry, biopsychology, wildlife biology, and a nursing dual 
degree with Creighton University and Mary Lanning Memorial Hospital.
  President Dudley's passionate commitment to Hastings College and its 
students will be missed as he retires in July of 2011, but his support 
of the institution will continue after his retirement as President 
Dudley will work with the Hastings College Foundation to manage the 
college's fund-raising and alumni activities.
  I congratulate Phil on his outstanding career in higher education and 
thank him for his contributions to Nebraska's educational reputation.

                          ____________________




                    BULGARIA'S HISTORIC ANNIVERSARY

                                 ______
                                 

                            HON. JOE WILSON

                           of south carolina

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. WILSON of South Carolina. Madam Speaker, twenty years ago today, 
I served as an election observer in Bulgaria on behalf of the 
International Republican Institute (IRI)
  It was a life changing dream come true for me to experience firsthand 
the birth of liberty in a captive nation, which had been subjected for 
decades to Nazism and Communism. As a lifelong Cold Warrior I always 
promoted victory over Communism. A strong American military developed 
by President Ronald Reagan produced peace through strength and veterans 
today can see with pride more counties than ever as free market 
democracies.
  On June 10, 1990, the people of Bulgaria participated in the first 
free elections since the 1930s. It was inspiring to visit polling 
places in the Plovdiv region and witness the young and old 
participating freely. The talented people of Bulgaria were unshackled. 
People did not want to be a slavish Soviet satellite. I have developed 
a lifelong affection for the people of Bulgaria.
  Since then, Bulgaria has evolved from the antiquated ``frozen in 
time'' nation of the 1930s to being a vibrant free market democracy of 
today. It is now a valued member of NATO with troops having served in 
Iraq and Afghanistan. It is a dynamic member of the European Union. On 
the evening before the election in Plovdiv I met a musician who 
explained how he was inspired by Armed Forces Radio out of Greece with 
his favorite composer John Philip Sousa--as he stated, ``Stars and 
Stripes Forever.'' I responded, ``Bulgaria Forever.''
  Two years ago I visited the training base at Novo Selo where young 
Bulgarian and American troops participate in joint training exercises. 
The American base was the first invited of foreign troops in Bulgaria's 
1225 year history. I particularly appreciate Ambassador Elena 
Poptodrova for her promotion of the Bulgaria-America partnership. I am 
grateful for my first Bulgarian hosts Stefan Stoyanor, his wife 
Elizabeth and daughter Jana. Their warm Bulgarian welcome will never be 
forgotten.
  In conclusion, God bless our troops, and we will never forget 
September 11th in the Global War on Terrorism. God Bless Bulgaria.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. ADAM SMITH

                             of washington

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. SMITH of Washington. Madam Speaker, on Tuesday, June 8, 2010, I 
was unable to be present for recorded votes. Had I been present, I 
would have voted ``yes'' on rollcall vote No. 337 (on passage of H.R. 
1061, as amended), and ``yes'' on rollcall vote No. 338 (on the motion 
to suspend the rules and agree to H. Res. 518, as amended).

                          ____________________




   RECOGNIZING THE RETIREMENT OF PENSACOLA CITY POLICE CHIEF JOHN W. 
                                 MATHIS

                                 ______
                                 

                            HON. JEFF MILLER

                               of florida

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. MILLER of Florida. Madam Speaker, it is the highest honor to 
recognize Chief of Police John W. Mathis, a dedicated public servant 
and community leader. His service to Pensacola and his commitment to 
law enforcement are truly remarkable. For that reason, Madam Speaker, I 
am proud to honor Chief Mathis for his distinguished work over the last 
three decades as a law enforcement officer at the Pensacola Police 
Department.
  Sworn in to protect and to serve, Chief Mathis first put on the badge 
in 1978. Since that day he has dedicated his entire adult life to 
selflessly putting the needs of others before his own while in the line 
of duty. As Chief of Police, Mr. John Mathis held his officers and 
himself to the highest standards of courtesy, integrity, and 
professionalism. These core values have guided his philosophy and world 
view, while reducing crime and improving the quality of life of 
everyone in the Pensacola community.
  Madam Speaker, there is no doubt that during his time in law 
enforcement, Chief Mathis has never betrayed the badge, his integrity, 
his character, or the public trust. On behalf of the United States 
Congress, I am honored to recognize the visionary leadership and 
outstanding service of a real American hero. I congratulate and thank 
Chief John W. Mathis for his 32 years of service. My wife Vicki and I 
wish him a happy retirement.

                          ____________________




     IN HONOR AND REMEMBRANCE OF CHARLES CRADDOCK, AN AMERICAN HERO

                                 ______
                                 

                         HON. RODNEY ALEXANDER

                              of louisiana

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. ALEXANDER. Madam Speaker, I rise today to honor and remember 
Charles Craddock, a World War II Veteran and Prisoner of War. I offer 
most heartfelt thanks to Mr. Craddock for his selfless and heroic 
service to our nation and dedication to preserving our freedoms. It is 
with great appreciation that I share his story in hopes of inspiring 
today's generation of young men and women to live with the same sense 
of duty and purpose.
  In April of 1943, Mr. Craddock was drafted and sent to Ft. Sill, OK, 
then to Fort Polk, LA, for basic training. From there, he was 
transferred into the Air Force Cadet program and took basic training 
and classification at Sheppard Field, Texas. After completing basic 
training, he was sent to pre-flight training at Butler University in 
Indianapolis, Ind. He was then sent to Fort Bragg, NC, for combat 
training in the infantry, then to Fort Meade, MD, and Fort Dix, NJ, for 
further training.
  After D-Day, Mr. Craddock traveled to Omaha Beach and joined units of 
the 3rd Army near Nancy, France. Mr. Craddock was assigned to the 137th 
D Infantry Regiment of the 35th Division. The first two weeks his unit 
spent in a defensive position, and then began a drive to the German 
border.
  After two months, his group made it to the border at Sarrguimens. 
They crossed the Bliss River at night to take some high ground. Five of 
the soldiers, including Mr. Craddock, in the company were picked to go 
on patrol to see what lay ahead. They were captured behind the German 
lines during this patrol.
  It was hard getting to the POW camp near Stuttgart, as the Air Force 
was all around. Most of the distance was covered by walking at night. 
After spending about a month in Stuttgart, the American forces were 
driving into this area from southern France, so the prisoners were led 
into box cars for a miserable trip to the next POW camp at Luckenwald. 
This train trip lasted about four days and nights for the train would 
not move during the day for fear of the American Air Force.
  During this trip, they never let the POWs out of the box cars and 
gave them very little food or water. After spending about two months in 
Luckenwald, the prisoners were broken up in small groups and marched 
for two days to a camp known as Altengrabow. Once again, in two months, 
they were told they had to move, and walked through the city of Berlin, 
which was in ruins from the American and British Air Force bombings.
  The group was sent to a small camp west of Berlin, where every night 
they watched the bombings of the city. They were given no news, but 
sensed the war was coming to an end.
  One morning, near the end of April 1945, they were told to move 
again. They marched about a day and then spent the night in a barn. 
During the night, the German guards

[[Page 10530]]

left. A Russian patrol came by the next day, and escorted them to the 
American lines on the Elbe River. That was on May 8, 1945, almost six 
months after being captured.
  For his truly brave and fearless service, Mr. Craddock received the 
following decorations: Combat Infantry Badge, Bronze Star, European 
Theater with two Battle Stars, and Good Conduct.
  Our country and many more around the world are the beneficiaries of 
his courage and vigilance. On May 16, 2010, America lost a hero with 
the passing of Mr. Craddock. Madam Speaker, I ask my colleagues to join 
me in paying tribute to Charles Craddock and extending thanks from a 
grateful nation.

                          ____________________




RECOGNIZING DOUG STEINHARDT, 2010 RECIPIENT OF THE WARREN COUNTY ``GOOD 
                             SCOUT'' AWARD

                                 ______
                                 

                           HON. SCOTT GARRETT

                             of new jersey

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. GARRETT of New Jersey. Madam Speaker, today, the Central New 
Jersey Council of the Boy Scouts of America is celebrating 100 years of 
Scouting at their Annual ``Good Scout'' Award dinner. The Good Scout 
Award is given to individuals who exemplify the true spirit of 
volunteerism and support the mission and purpose of the Scouting 
movement.
  The 2010 recipient of the Warren County ``Good Scout'' Award is Doug 
Steinhardt. A lifelong resident of Warren County, Doug has served the 
community in the tradition of the Boy Scouts of America and his work in 
the private and public sector is a testament to his dedication to the 
community. Some of the achievements and services Doug has provided to 
Warren County include being named to the governing body of the New 
Jersey State Bar, appointment to the Board of Directors of DARE, 
serving on the Legislative Committee of the New Jersey League of 
Municipalities and the Board of Directors of the Warren County Regional 
Chamber of Commerce. An Eagle Scout, Doug was also appointed to the 
Board of Directors of the Central New Jersey Council of the Boy Scouts 
of America in July 2008. Doug sets the highest standard of how to lead 
by example to residents of Warren County every day.
  This year, Boy Scout Troop 141 from Belvidere, NJ is also being 
honored tonight with the ``Boy Scouts of America's Centennial Award'', 
which recognizes the troop for being the longest continuously operated 
Boy Scout Troop in the Central New Jersey Council at 98 years old. They 
were chartered in March of 1912 by the Belvidere Scout Home Association 
who still charters the Troop today. Troop 141 Scouts camp at least once 
per month, attend summer camp on an annual basis and participate in 
community activities such as the annual Christmas tree presentation to 
the town of Belvidere.
  Today, I join the Boy Scouts of America in acknowledging Doug 
Steinhardt and Belvidere Troop 141. I am proud to represent such 
selfless and dedicated residents in the United States House of 
Representatives.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                        HON. PATRICK J. KENNEDY

                            of rhode island

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. KENNEDY. Madam Speaker, I regret that I was unable to participate 
in a series of votes on the floor of the House of Representatives 
today.
  Had I been present to vote on rollcall No. 339, Motion on Ordering 
the Previous Question on the Rule for H.R. 5072--FHA Reform Act of 2010 
(H. Res. 1424), I would have voted ``aye'' on the question.
  Had I been present to vote on rollcall No. 340, on the Rule providing 
for consideration of H.R. 5072--FHA Reform Act of 2010, I would have 
voted ``aye'' on the question.
  Had I been present to vote on rollcall No. 341, on the motion to 
suspend the rules and agree to H. Res. 989, expressing the sense of the 
House of Representatives that the United States would adopt national 
policies and pursue international agreements to prevent ocean 
acidification, to study the impacts of ocean acidification, and to 
address the effects of ocean acidification on marine ecosystems and 
coastal economies, I would have voted ``aye'' on the question.
  Had I been present to vote on rollcall No. 342, on the motion to 
suspend the rules and pass H. Res. 1178, directing the Clerk of the 
House of Representatives to compile the cost estimates prepared by the 
Congressional Budget Office which are included in reports filed by 
committees of the House on approved legislation and post such estimates 
on the official public Internet site of the Office of the Clerk, I 
would have voted ``aye'' on the question.
  Had I been present to vote on rollcall No. 343, on the Republican 
Motion to Instruct Conferees on H.R. 4173--Wall Street Reform and 
Consumer Protection Act, I would have voted ``nay'' on the question.
  Had I been present to vote on rollcall No. 344, on the motion to 
suspend the rules and agree to H. Res. 1330, Recognizing June 8, 2010, 
as World Ocean Day, I would have voted ``aye'' on the question.
  Had I been present to vote on rollcall No. 345, on the motion to 
suspend the rules and agree to H.R. 5278, to designate the facility of 
the United States Postal Service located at 405 West Second Street in 
Dixon, Illinois, as the ``President Ronald W. Reagan Post Office 
Building,'' I would have voted ``aye'' on the question.
  Had I been present to vote on rollcall No. 346, on the motion to 
suspend the rules and agree to H.R. 5133, to designate the facility of 
the United States Postal Service located at 331 1st Street in 
Carlstadt, New Jersey, as the ``Staff Sergeant Frank T. Carvill and 
Lance Corporal Michael A. Schwarz Post Office Building,'' I would have 
voted ``aye''' on the question.

                          ____________________




  CELEBRATING THE ACHIEVEMENTS OF THE WEST MONROE HIGH SCHOOL CHORAL 
                                PROGRAM

                                 ______
                                 

                         HON. RODNEY ALEXANDER

                              of louisiana

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. ALEXANDER. Madam Speaker, I rise today with tremendous pride and 
pleasure to pay tribute to the achievements of the West Monroe High 
School Choral program.
  Through the years, they have held numerous concerts at Carnegie Hall, 
performed Mozart's Coronation Mass in Salzburg and Vienna, Austria, and 
sang the mass at St. Peter's Basilica in Rome, Italy. The many 
recognitions they have received are the result of long hours of 
practice, and dedication to excellence by the students, faculty and 
their families.
  The West Monroe High School Choir has once again been honored as they 
have been asked to represent Louisiana at the 2010 American Celebration 
of Music in France and Great Britain. This tour will provide an once-
in-a-lifetime opportunity for our young students to perform at various 
venues throughout Europe. The trip's highlights include performances at 
The Jesuit Church in Lucerne, Switzerland, Notre Dame Cathedral in 
Paris, France, The American Cemetery in Normandy Beach, France, and St. 
Paul's Cathedral in London, England.
  The European concert tour will take place from May 30, 2010 to June 
10, 2010, and will include 82 singers and 40 chaperones. Under the 
leadership of Greg A. Oden, Director, and Vickie Freeman, Assistant 
Director, the students have passionately worked through the entire year 
to raise the necessary funds to achieve this aspiration.
  Madam Speaker, I ask my colleagues to join me in celebrating the 
wonderful achievements of the West Monroe High School Choir. The many 
honors they have received are the result of long hours of practice, and 
dedication to excellence by the students, faculty and their families. 
They have truly made me and their community proud.

                          ____________________




   COMMEMORATING THE ONE YEAR ANNIVERSARY OF THE MURDER OF DR. TILLER

                                 ______
                                 

                           HON. MIKE QUIGLEY

                              of illinois

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. QUIGLEY. Madam Speaker, I rise today to commemorate the one-year 
anniversary of the murder of Dr. Tiller.
  Dr. Tiller was a respected physician who dedicated his life to 
providing women with safe access to abortion care, and who was shot and 
killed while attending his church in Kansas.
  Sadly, the experience of Dr. Tiller is not unique--since 1993, eight 
clinic workers have been murdered in the U.S.
  A physician in my district recently shared with me her own account of 
a scared 13-year-

[[Page 10531]]

old who came into the clinic with her mother. The girl had been 
sexually assaulted by a 19-year-old and needed an abortion.
  The physician was able to help that young girl, but she confided her 
fear that someday she might not be able to aid young women who had no 
chance to prevent pregnancy.
  In the end, she said it's her patients who reconfirm her ``heartfelt 
desire to continue to provide.''
  As President Obama said, no one is pro-abortion, but when faced with 
such a gut-wrenching decision, a woman deserves to have a physician 
like Dr. Tiller to provide her with safe, quality care.

                          ____________________




  COMMEMORATING THE ONE-YEAR ANNIVERSARY OF THE MURDER OF DR. GEORGE 
                                 TILLER

                                 ______
                                 

                     HON. LOUISE McINTOSH SLAUGHTER

                              of new york

                    in the house of representatives

                        Thursday, June 10, 2010

  Ms. SLAUGHTER. Madam Speaker, I rise today to commemorate the one-
year anniversary of the murder of Dr. George Tiller who was killed in 
his church in Wichita, Kansas on May 31, 2009. Dr. Tiller was a 
dedicated physician, and his murder was a deplorable act of violence 
that violated the sanctity of his place of worship. Dr. Tiller's 
shooting shattered the peace of his church, and added to an all too 
long list of past tragedies in places of worship. In the past ten 
years, there have been numerous instances of gun related violence in 
our places of worship which resulted in 32 deaths and 26 injuries. 
These sanctuaries are meant to be peaceful refuges for those who seek 
serenity in times of turmoil and safety in times of hostility. On this 
anniversary of Dr. Tiller's murder, we must remember and commit to our 
country's tradition of cooperation and understanding. We must reaffirm 
the American principle that tolerance must always be superior to 
intolerance, and that violence is never an appropriate response to a 
difference in beliefs.

                          ____________________




   TRIBUTE TO MATT SCHILLER, 2010 RIVERSIDE UNIFIED SCHOOL DISTRICT 
                          TEACHER OF THE YEAR

                                 ______
                                 

                            HON. KEN CALVERT

                             of california

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. CALVERT. Madam Speaker, I rise today to congratulate an 
individual from my Congressional District who was recently named the 
2010 Riverside Unified School District Teacher of the Year. Matt 
Schiller, a teacher at Poly High School, was one of three teachers 
honored last month at an event in Riverside, California.
  Matt graduated from U.C. San Diego in 1999 with a Bachelor of Science 
degree in biology and received his teaching credentials and a Master of 
Science degree in biochemistry from U.C. Riverside in 2002. While 
pursuing his master's degree, Matt became a teaching assistant and 
realized his passion for teaching science.
  After graduating from U.C. Riverside, Matt completed his student 
teaching at A.B. Miller High School in Fontana, and taught physical 
science and biology at Westlake High School. He also taught chemistry 
through U.C. Riverside's Faststart summer program in 2008 and 2009. 
Matt has been teaching chemistry and earth science at Poly High School 
in Riverside since 2004.
  Being recognized for his outstanding efforts is not new to Matt. In 
fact, he was awarded the Walton B. Sinclair Award in 2001 for being an 
outstanding student teacher at U.C. Riverside, and he also received the 
``Special Friend to Special Education'' award from Conejo Valley 
Unified School District in 2003 for his work with the Information 
Technology Academy at Westlake High School. Additionally, he received 
special recognition for his collaboration with students in publishing a 
scientific article on protein structure.
  True to his character of never settling for the status quo, Matt 
resurrected the Advanced Placement chemistry class which had not been 
available at Poly High School for several years. In his first year of 
teaching, more than 60 percent of his class passed the AP test. A 60 
percent passing rate is still better than the national average, but 
that did not stop Matt from pushing himself to help even more of his 
students succeed. In 2009, that number grew to 92.3 percent, which is 
an incredible testament to Matt's dedication.
  Matt has also taken the initiative to improve his contact with 
parents. He regularly emails the parents of his students with upcoming 
test information and packets of work, as well as routine grade checks 
so parents can stay in tune with their child's progress.
  Matt has shown diversity in his non-science interests as well. In 
2006 he started a photography club at Poly High School to share his 
interest in photography. The club has grown from a handful of students 
to nearly 100 students. And at the end of each year, the students 
display their work in a gallery in downtown Riverside.
  Additionally, Matt coaches the Mock Trial club, and has led his team 
to the state competition two of the last six years.
  Matt has said that the most important part of teaching is giving back 
to the community and his students; his actions have spoken much louder 
than his words. Matt has truly shown that he is an exemplary educator.
  Matt Schiller's tireless passion for science and education has 
contributed immensely to the betterment of his students and the entire 
community of Riverside, California. I am proud to call Matt a fellow 
community member, American and friend. I know that many students, 
parents, and faculty members are grateful for his service and join me 
in congratulating Matt on receiving this prestigious award.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                             HON. PAUL RYAN

                              of wisconsin

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. RYAN of Wisconsin. Madam Speaker, last week, due to a death in 
the family, I was not present to vote on the House floor. Had I been 
present, I would have cast the following votes:
  Rollcall 291: H. Con. Res. 278 On Motion to Suspend the Rules and 
Agree--``yes.''
  Rollcall 292: H.R. 1017 On Motion to Suspend the Rules and Pass as 
Amended--``yes.''
  Rollcall 293:. H.R. 5330 On Motion to Suspend the Rules and Pass, as 
Amended--``yes.''
  Rollcall 294: H.R. 5145 On Motion to Suspend the Rules and Pass, as 
Amended--``yes.''
  Rollcall 295: H. Res. 1258 On Motion to Suspend the Rules and Agree, 
as Amended--``yes.''
  Rollcall 296: H. Res. 1382 On Motion to Suspend the Rules and Agree--
``yes.''
  Rollcall 297: H. Res. 584 On Motion to Suspend the Rules and Agree--
``yes.''
  Rollcall 298: H.R. 3885 On Motion to Suspend the Rules and Pass--
``yes.''
  Rollcall 299: H.R. 2711 On Motion to Suspend the Rules and Concur in 
the Senate Amendments--``yes.''
  Rollcall 300: H. Res. 1189 On Motion to Suspend the Rules and Agree--
``yes.''
  Rollcall 301: H. Res. 1172 On Motion to Suspend the Rules and Agree--
``yes.''
  Rollcall 302: H. Res. 1347 On Motion to Suspend the Rules and Agree--
``yes.''
  Rollcall 303: H. Res. 1385 On Motion to Suspend the Rules and Agree--
``yes.''
  Rollcall 304: H. Res. 1316 On Motion to Suspend the Rules and Agree 
as Amended--``yes.''
  Rollcall 305: H. Res. 1169 On Motion to Suspend the Rules and Agree, 
as Amended--``yes.''
  Rollcall 306: H. Con. Res. 282 On Agreeing to the Resolution--``no.''
  Rollcall 307: H. Res. 1404 On Agreeing to the Resolution--``no.''
  Rollcall 308: H. Res. 1161 On Motion to Suspend the Rules and Agree--
``yes.''
  Rollcall 309: H. Res. 1372 On Motion to Suspend the Rules and Agree--
``yes.''
  Rollcall 310: H.R. 5136 On Agreeing to the Amendment--``yes.''
  Rollcall 311: H.R. 5136 On Agreeing to the Amendment--``yes.''
  Rollcall 312: H.R. 5136 On Agreeing to the Amendment--``no.''
  Rollcall 313: H.R. 5136 On Agreeing to the Amendment--``yes.''
  Rollcall 314: H.R. 5136 On Agreeing to the Amendment--``no.''
  Rollcall 315: H.R. 5136 On Agreeing to the Amendment--``no.''
  Rollcall 316: H.R. 5136 On Agreeing to the Amendment--``yes.''
  Rollcall 317: H.R. 5136 On Agreeing to the Amendment--``no.''
  Rollcall 318: H.R. 5136 On Agreeing to the Amendment--``yes.''
  Rollcall 319: H.R. 5136 On Approving the Journal--``no.''
  Rollcall 320: H. Res. 1391 On Motion to Suspend the Rules and Agree, 
as Amended--``yes.''
  Rollcall 321: H. Res. 1403 On Ordering the Previous Question--``no.''
  Rollcall 322: H. Res. 1403 On Agreeing to the Amendment--``no.''

[[Page 10532]]

  Rollcall 323: H. Res. 1403 On Agreeing to the Resolution, as 
Amended--``no.''
  Rollcall 324: H.R. 4213 On Concurring in the Senate amdt with amdt 
(except portion comprising section 532--``no.''
  Rollcall 325: H.R. 4123 On concurring in Senate amdt with portion of 
amdt comprising section 523--``no.''
  Rollcall 326: H.R. 5116 First Portion of the Divided Question--
``yes.''
  Rollcall 327: H.R. 5116 Second Portion of the Divided Question--
``yes.''
  Rollcall 328: H.R. 5116 Sixth Portion of the Divided Question--
``yes.''
  Rollcall 329: H.R. 5116 Seventh Portion of the Divided Question--
``yes.''
  Rollcall 330: H.R. 5116 Eighth Portion of the Divided Question--
``yes.''
  Rollcall 331: H.R. 5116 Ninth Portion of the Divided Question--
``yes.''
  Rollcall 332: H.R. 5116 On Passage--``no.''
  Rollcall 333: H.R. 5136 On Agreeing to the En Bloc Amendments, as 
Modified--``yes.''
  Rollcall 334: H.R. 5136 Table Appeal of the Ruling of the Chair--
``no.''
  Rollcall 335: H.R. 5136 On Motion to Recommit with Instructions--
``yes.''
  Rollcall 336: H.R. 5136 On Passage--``no.''

                          ____________________




 IN RECOGNITION OF THE 125TH ANNIVERSARY OF OLLIE GROVE BAPTIST CHURCH

                                 ______
                                 

                         HON. RODNEY ALEXANDER

                              of louisiana

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. ALEXANDER. Madam Speaker, I rise today to recognize the 125th 
anniversary of Ollie Grove Baptist Church in Choudrant, LA.
  The church, which will celebrate this landmark anniversary on June 
20, 2010, began in 1885 when a small group of men and women joined 
forces. These pioneers initially held services in a brush arbor until 
the first box-like frame building was constructed a year later. While 
the church building has changed many times over the past century, the 
church has continued to provide spiritual guidance to the Jackson 
Parish community since its inception.
  Today, Ollie Grove Baptist Church is led by a dynamic young Pastor 
named Derric Chatman where he performs missionary outreach and works to 
increase the number of young men and women believing in the Holy Father 
and living a life in accordance to his word.
  Madam Speaker, I ask my colleagues to join me in honoring Ollie Grove 
Baptist Church for its dedication to providing a steadfast place of 
worship. Countless Sunday morning services, baptisms, weddings have 
been held there, and I am confident it will continue to be a source of 
Christian love and fellowship well over the next 100 years.

                          ____________________




  BALANCING PUBLIC AND PRIVATE REMEDIES IN ENHANCED CARTEL PROSECUTION

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. CONYERS. Madam Speaker, just before Congress left for the 
Memorial Day recess, we passed and sent to the President H.R. 5330, the 
Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension 
Act, and the President has just signed it into law. As Chairman of the 
House Judiciary Committee, and sponsor of this legislation, I would 
like to emphasize a few points about its importance.
  The antitrust laws have been described as the Magna Carta of free 
enterprise. They are a safeguard that protects the vitality of the free 
market by preventing its becoming concentrated in too few hands. Just 
as importantly, they protect consumers from unscrupulous businesses 
that would conspire among themselves or illegally leverage market power 
to charge artificially high prices and deny meaningful choice.
  The worst kinds of antitrust offenses, conspiracies by competitors to 
organize into cartels to cheat the marketplace of fair competition, are 
rightly condemned and subject to high criminal fines and prison 
sentences.
  Treble damages in private rights of action are also an essential 
element of vigorous antitrust enforcement. They not only compensate 
consumers for harm they suffer from illegal anticompetitive activity, 
they also create a powerful incentive for other market participants to 
refrain from engaging in anticompetitive activity in the future.
  The Department of Justice Antitrust Division's corporate leniency 
program has worked well in exposing illegal price-fixing cartels and 
bringing them to justice. Starting in 1993, the corporate leniency 
program created incentives for participants in illegal price-fixing 
cartels--provided that they weren't the ringleader--to come forward and 
expose the cartel, in exchange for amnesty from criminal prosecution. 
Although the program was achieving success, the Antitrust Division 
recognized that the treble damages, as well as the joint and several 
liability overall, to which amnesty applicants would be exposed in 
related private actions was limiting the effectiveness of the program. 
The party that was coming forward to expose the cartel could 
potentially even be left paying damages for the entire cartel.
  The Antitrust Criminal Penalty Enhancement and Reform Act was passed 
in 2004 to address these concerns, by limiting the civil liability of 
amnesty applicants to their share of the legal responsibility, while 
leaving the other cartel participants subject to joint and several 
liability. In this way, Congress sought to balance the need for strong 
incentives to uncover harmful, sometimes multi-billion-dollar price-
fixing cartels, without lessening the total amount of damages that 
would be available to the victims in private civil actions.
  By some measures, the 2004 changes have been effective. Since those 
changes were made, the Antitrust Division has prosecuted some of the 
biggest cartels ever detected, collecting more than $5 billion in 
criminal fines.
  However, concerns have arisen that some cartel members who have taken 
advantage of the leniency program may be abusing the civil liability 
relief by failing to cooperate fully and in a timely manner with the 
cartel's victims in their civil actions. In reauthorizing the Act for 
another 10 years, we are making some clarifying amendments to ensure 
that the benefits to the Department of Justice's criminal cartel 
enforcement program do not come at the expense of the victims.
  One of the amendments revises the timely cooperation requirement. In 
the original Act, Section 213(c) signaled the importance of timely 
cooperation with civil claimants, but specifically required it only in 
a very narrow set of prosecutions. This legislation revises section 
213(c) to make it clear that this timely cooperation requirement 
applies in all cases where amnesty is being sought under the leniency 
program.
  The legislation also creates a new Section 213(d) that clarifies the 
necessary balance between public and private pursuit of price-fixing 
cartels. The Department of Justice will frequently ask the court to 
stay related civil claims in order to build its criminal case against 
the rest of the cartel. These stays can sometimes last a year, or even 
longer. As the Act makes clear, the judicious granting of these stays 
is, and remains, fully in keeping with the purposes of the Act. We have 
added a new section 213(d) to clarify that the obligation for timely 
cooperation with civil claimants does not take effect until after the 
stay is lifted, but that, once it is lifted, then the amnesty applicant 
must cooperate in a prompt and timely fashion.
  Section 213(d) does not include a reference to the 213(b)(3) 
requirement to make available witnesses for deposition or testimony, in 
recognition of the fact that, even after the stay is lifted generally, 
there may be remaining sensitivities that, for a time, may make it 
problematic for certain witnesses to provide interviews, depositions, 
or trial testimony in connection with the private litigation without 
disrupting or harming the ongoing criminal investigation. The omission 
of this reference from section 213(d) is not intended to discount the 
importance of cooperation with civil claimants in this regard; rather, 
it reflects that these aspects of cooperation with civil claimants may 
be more disruptive to the ongoing criminal investigation. Subject to 
the additional temporary delays that the Antitrust Division may request 
on a case-by-case basis, the timely cooperation requirement also 
applies to witness availability. We expect that the Antitrust Division 
and the courts will be appropriately sensitive to the needs and rights 
of private claimants in this regard as well.
  We are also commissioning a study by the Government Accountability 
Office to consider other possible ways to improve the efficacy of the 
Act, including, but not limited to, adding qui tam and whistleblower 
protection provisions.
  We believe these improvements further promote vigorous antitrust 
enforcement for the protection of American consumers and free-market 
competition.

[[Page 10533]]



                          ____________________




 CONGRATULATING THE LADY SEA WARRIORS OF HAWAII PACIFIC UNIVERSITY ON 
           WINNING THE NCAA DIVISION II SOFTBALL WORLD SERIES

                                 ______
                                 

                          HON. MAZIE K. HIRONO

                               of hawaii

                    in the house of representatives

                        Thursday, June 10, 2010

  Ms. HIRONO. Madam Speaker, I rise today to congratulate the Lady Sea 
Warriors of Hawaii Pacific University for winning their first NCAA 
Division II Softball World Series title. On May 31, 2010, the Lady Sea 
Warriors scored four runs in the fifth inning and held off Valdosta 
State to win the title game by a score of 4-3.
  I take great pride in extending my congratulations to players Chante 
Tesoro, Kozy Toriano, Erin Fujita, Melissa Awa, Malia Killam, Chelsea 
Luckey, Ashley Valine, Ciera Senas, Breanne Patton, Pomaikai Kalakau, 
Casey Sugihara, Maile Kim, Ashley Fernandez, Nicole Morrow, Sherise 
Musquiz, Laine Shikuma, Celina Garces, and Caira Pires, many of whom 
hail from Hawaii's second congressional district. The hard work, 
perseverance, and outstanding performance of these young women led to a 
50-8 season, the most successful season in their program's history.
  I would like to extend special congratulations to Ms. Musquiz, who 
pitched every inning of the NCAA Division II tournament and amassed a 
4-0 record, earning her Most Outstanding Player honors.
  I would also like to commend head coach Bryan Nakasone and assistant 
coaches Howard Okita, Roger Javillo, Jon Correles, and Richard Nomura 
for their superb leadership throughout the Lady Sea Warriors' historic 
season.
  This has been a great year for Hawaii softball, and the Lady Sea 
Warriors' victory on a national stage has generated much pride back 
home. I congratulate the Lady Sea Warriors on their outstanding season 
and wish the program continued success.

                          ____________________




 A BILL TO AMEND TITLE 38, U.S.C., TO PROVIDE FOR CERTAIN REQUIREMENTS 
    RELATING TO THE IMMUNIZATION OF VETERANS, AND FOR OTHER PURPOSES

                                 ______
                                 

                           HON. CLIFF STEARNS

                               of florida

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. STEARNS. Madam Speaker, today, I am introducing the ``Access to 
Appropriate Immunizations for Veterans Act of 2010'' which I believe 
would help advance the goal we all share of promoting lifelong health 
for the men and women who fought for our freedom.
  While the Department of Veterans Affairs, VA, health care system is 
doing an admirable job of caring for those who bore the burden of 
combat, continual reform is needed to ensure the care veterans receive 
represents the most up-to-date practices and procedures.
  According to statistics from the Centers for Disease Control, CDC, 
each year approximately 70,000 adult Americans die from vaccine-
preventable diseases. Influenza alone is responsible for over one 
million ambulatory care visits, 200,000 hospitalizations and 30,000 
deaths.
  Many of our veterans who are in the ``high-risk'' category of 
contracting vaccine-preventable diseases--including those with HIV, 
Hepatitis C, and substance use disorder--are enrolled in the VA health 
care system and could particularly benefit from receiving vaccinations.
  Commendably, the VA has protocols in place that recommend vaccines as 
protection against deadly viruses. However, VA only has established 
performance measures for two vaccines making it unclear if protocols 
are being routinely enforced for all CDC recommended vaccines.
  The tremendous value performance measures have regarding the 
increased utilization and effectiveness of vaccination distribution is 
evidenced by VA's own application of performance measures for the 
influenza and pneumococcal vaccinations. When these performance 
measures were initially applied, VA saw vaccination rates rise 
respectively from 27 percent and 26 percent to 77 percent and 80 
percent. It also resulted in a 50 percent decline in pneumonia 
hospitalization rates.
  The legislation I am introducing today would expand VA performance 
measures to cover all vaccinations recommended by the VA and CDC and 
ensure that veterans receive appropriate immunizations at the time 
suggested by the CDC. It would also require VA to report to Congress on 
their progress in supporting vaccinations in the veteran population.
  Madam Speaker, I urge my colleagues to join with me in cosponsoring 
the Access to Appropriate Immunizations for Veterans Act of 2010. This 
legislation would ensure that our veterans are receiving timely and 
suitable access to vaccines and prevent those under the care of the VA 
from being unnecessarily exposed to vaccine preventable diseases.

                          ____________________




         NORTH DAVIDSON WINS SOFTBALL TITLE WITH PERFECT SEASON

                                 ______
                                 

                           HON. HOWARD COBLE

                           of north carolina

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. COBLE. Madam Speaker, on behalf of the citizens of the Sixth 
District of North Carolina, we wish to extend our congratulations to 
the North Davidson softball team for its perfect season culminated by 
winning the North Carolina High School Athletic Association's 4-A state 
softball championship. North Davidson finished as the runner-up 3 out 
of the last 4 years, but this year they were able to win it all. The 
championship game concluded the Black Knight's 32-game perfect season.
  As a result of the tremendous athleticism of the players, the 
outstanding direction of coach Mike Lambros, and the unyielding support 
of the community, the Black Knights had all the components necessary to 
clinch the State title. Furthermore, this was a particularly special 
season for coach Lambros who celebrated his first championship after 
having coached the Black Knights for 30 years.
  The Black Knight's star pitcher Hannah Alexander won most valuable 
player honors for her tremendous contribution to her team's success. 
She only allowed two runs during the entire playoffs. This championship 
game required tremendous amounts of teamwork and determination.
  The championship team members included: Amelia Griffin, Allie 
Nicholson, Paige Wall, Kathy Choplin, Tess Swing, Nichole Tuttle, 
Jessica Plemmons, Shaundee Woosley, Lauren Grooms, Jordan Clodfelter, 
Lindy Yount, Hannah Alexander, Morgan Koontz, Tori Hedrick, Courtney 
Walker, Maggie McDowell, Mackenzie Hauser, Robyn Stanek, Missy Hunt, 
Eliza Davis, Kayla Harrell, Lauren Beaver, Katie Vick, Samantha 
Honeycutt, Lauren McNerney. Assisting head coach Mike Lambros on his 
championship run were Lamar Powell, Billy Gerald, Thomas Vick, Ronnie 
Plemmons, Jason Martin, Keith Stanek, Ben Lookabill, Blythe Craver, 
Kendra Israel, Jerry Smith, Jason Israel, Jeff Pace, Charlie Nicholson, 
and Tim Martin.
  Again, on behalf of the Sixth District of North Carolina, we would 
like to congratulate the North Davidson softball team, the faculty, 
staff, students and fans for an outstanding season.

                          ____________________




                      TRIBUTE TO LATE TOM LARDNER

                                 ______
                                 

                       HON. EDDIE BERNICE JOHNSON

                                of texas

                    in the house of representatives

                        Thursday, June 10, 2010

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, it is with great 
sorrow that I recognize the life and passing of Tom Lardner. I have 
known this accomplished person for a long time. He was a visionary who 
was not afraid to take risks. We have lost a great businessman, an 
exceptional husband and terrific father.
  Tom Lardner, born in Port Huron, Michigan earned his bachelor's 
degree in business from Michigan State University. Mr. Lardner earned a 
master's degree in education from Michigan State. Before beginning his 
real estate career he was a coach at St. Gabriel High School football 
team in East Lansing, Michigan where he also served as a history 
teacher.
  While running his real estate investment firm, Lehndorff USA, in 
Chicago he spotted the potential of the area just north of the central 
business district in Dallas, Texas. Eager to map out his plans he moved 
to Dallas. He then saw his dream transforming into reality after years 
of hard work with the construction of a luxury apartment building, 
which would be the earliest of many.
  Lardner purchased a large amount of the land surrounded by McKinney 
Avenue, Pearl Street, Woodall Rodgers Freeway and North Central 
Expressway for development. He also worked alongside city officials to 
establish a tax increment financing district that would pay for street 
improvements as well as other infrastructure improvements.
  Although Lardner was known for his keen eye in real estate with the 
development of the

[[Page 10534]]

Uptown area of Dallas, he was also concerned about the environment. 
Lardner's support for Texas Business for Clean Air, allowed him to 
oppose the fast-tracking of the coal-fired plants. Concerned that the 
electric generating plants would hurt the North Texas air quality the 
group strongly opposed the environmental abuse.
  Madam Speaker, Tom Lardner's loss will be deeply felt among many, but 
his work will not be forgotten. His caring nature and the creative 
vision he possessed will live forever.

                          ____________________




   RECOGNIZING AGNES DILL FOR HER WORK ON BEHALF OF NATIVE AMERICANS

                                 ______
                                 

                           HON. HARRY TEAGUE

                             of new mexico

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. TEAGUE. Madam Speaker, it is with great honor that I congratulate 
Agnes Dill for being awarded an honorary doctorate degree from the 
University of New Mexico for her many years of outstanding service and 
dedication to Indian Country.
  Agnes earned her bachelor of arts degree in education in 1937 and 
then taught at BIA schools in Oklahoma for over a decade. Along with 
becoming an educator, Agnes devoted much of her time in the 1970's to 
serving as an advocate for Native American people, particularly Native 
American women. Agnes served as one of the founding members of the 
North American Indian Women's Association and served as its President 
in 1973.
  All of her efforts led to Agnes being appointed by President Ford to 
the National Advisory Council on Women's Education in 1975.
  Not being one to rest on her laurels, Agnes took all of her knowledge 
and traveled extensively through the country to set up job and talent 
banks that would encourage Native American women to seek careers that 
were thought of as ``non-traditional'' during the time. These efforts 
encouraged Native American women to seek jobs in the fields of 
medicine, law and business. All of her work was driven by one 
motivating factor that she described in her own words in a recent 
interview: ``Anything a man was doing, I tried to get a woman to do.''
  Agnes continued to drive policy on these issues when she served on 
the board of directors of Indian Pueblo Marketing, Inc., which promotes 
and funds the Indian Pueblo Cultural Center. Agnes also served on the 
National Advisory Committee for the White House Conference on Aging and 
has extended her focus to Native American youth serving as President of 
the New Mexico chapter of NAIWA and Director of New Mexico Indian 
Council on Aging.
  With such an amazing history as an advocate, I am very proud of her 
numerous accomplishments and I'm proud to represent and honor her today 
in the Congress. From her beginnings as an educator, to her national 
advocacy roles, she has demonstrated how commitment to public service 
for Native American communities can inspire us all to improve our own 
lives and get involved with these important issues.
  Even at the youthful age of 96 years old, her unwavering commitment 
to advocating for improvements to Native American education and 
healthcare is a great example for all of us to look to and continue her 
work into the future.

                          ____________________




  REGARDING THE 90TH ANNIVERSARY CELEBRATION OF THE NATIONAL AMERICAN 
                            LEGION AUXILIARY

                                 ______
                                 

                             HON. DAN BOREN

                              of oklahoma

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. BOREN. Madam Speaker, I rise today to recognize the service of 
the Vinita Post 40 unit of the American Legion Auxiliary in Oklahoma.
  This year marks the 90th Anniversary Celebration of the National 
American Legion Auxiliary. Although not the first such organization of 
its kind, the National American Legion Auxiliary is the largest 
patriotic women's service organization in the world. Its nearly one 
million members are dedicated to promoting allegiance to God and 
Country, supporting veterans and youth through various community 
programs since 1919-1920.
  The Vinita Post 40 unit was chartered on March 4, 1929 and has 
proudly served its Oklahoma community, sponsoring events that include 
the widely renowned Will Rogers Memorial Rodeo since its inception in 
1935. I would like to congratulate the Vinita Post 40 unit and the 
American Legion Auxiliary for their outstanding patriotism and 
commitment to community, and today, I celebrate their achievement.

                          ____________________




    HONORING FLOYD CARSON FRISBEE FOR HIS SERVICE IN THE KOREAN WAR

                                 ______
                                 

                           HON. HEATH SHULER

                           of north carolina

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. SHULER. Madam Speaker, I rise today to honor Mr. Floyd Carson 
Frisbee of Iron Duff, North Carolina for his valiant service in the 
United States Army. From March 1951 to March 1953, Mr. Frisbee fought 
bravely on the Korean peninsula in order to protect the sovereignty of 
South Korea, and the freedom of its people.
  Mr. Frisbee received numerous medals for his service in Korea, 
including the National Defense Service Medal, Korean Service Medal, 
CIB, Combat, Medal, Occupation Medal, and the 50th Anniversary Medal. 
These medals represent the courage and commitment that Mr. Frisbee 
exhibited during his service in the 1st Cavalry Division.
  After his service in the military, Floyd Frisbee continued to display 
his strong personal character as well as a commitment to provide for 
his family through 19 years of hard work at the Dayton Rubber plant. 
Since his retirement Mr. Frisbee has maintained a strong attachment to 
the Fruitland Baptist Bible Institute and has preached at various 
churches in the community.
  Madam Speaker, Floyd Carson Frisbee provided an exemplary service for 
the people of our great country through his service in the Korean War. 
His dedication and commitment to the United States is truly a source of 
pride to Western North Carolina. I urge my colleagues to join me today 
in honoring Floyd Carson Frisbee for his valiant service in the 
military and the sacrifices he has made for our Nation.

                          ____________________




    CONGRATULATING THE CHICAGO BLACKHAWKS ON WINNING THE STANLEY CUP

                                 ______
                                 

                       HON. JANICE D. SCHAKOWSKY

                              of illinois

                    in the house of representatives

                        Thursday, June 10, 2010

  Ms. SCHAKOWSKY. Madam Speaker, I rise today to congratulate the 
Chicago Blackhawks on winning the 2010 Stanley Cup. After an incredible 
season, no team is more deserving.
  The Blackhawks lightening-fast pace and tremendous skill level 
delivered the team the second-best league record in the regular season. 
Coach Joel Quenneville guided his team masterfully through the 
playoffs, where the Blackhawks defeated the Nashville Predators, 
Vancouver Canucks, and San Jose Sharks to win the Clarence S. Campbell 
Bowl as Western Conference champions.
  Led by captain and Conn Smythe winner Jonathan Toews, who equaled the 
Blackhawks single-season playoff scoring record with 29 points, the 
team met the Philadelphia Flyers in the Stanley Cup finals. Each player 
on the team made significant contributions as they battled the Flyers 
until the overtime period of game six, where Patrick Kane notched the 
series-winning goal, earning Chicago its first Stanley Cup since 1961.
  As a lifelong fan of the Chicago Blackhawks, I take great pride in 
congratulating the team on an incredibly thrilling season. I thank them 
for bringing the Stanley Cup back to the Madhouse on Madison.

                          ____________________




                              JOB CREATION

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. TOWNS. Madam Speaker, I rise today to discuss a very important 
matter--job creation.
  As I have previously mentioned, we have seen a lot of progress this 
year. Our economy has created over 500,000 new jobs in 2010 alone. The 
newest jobs numbers indicate that over 419,000 jobs were created last 
month. As a country we are getting stronger and stronger.
  While these are great statistics, we still have a long way to go. 
Only 41,000 of these jobs were created in the private sector. Many of 
the remaining jobs are temporary census positions. While temporary work 
is better than no

[[Page 10535]]

work, our economy and my constituents need and demand permanent job 
creation.
  Some of this can certainly be government jobs, but our economy 
thrives on job creation and development from the private sector. From 
the mom and pop shop in Brooklyn to the company that hires by the 
thousands--each contribute to the economy, to communities, and to 
families.
  Congress needs to continue to work together to enact policies that 
create and encourage job creation. I urge my colleagues both in the 
House and the Senate to come together on this important goal--jobs.

                          ____________________




     IN CELEBRATION OF NEW BETHEL MISSIONARY BAPTIST CHURCH'S 85TH 
                              ANNIVERSARY

                                 ______
                                 

                          HON. GARY C. PETERS

                              of michigan

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. PETERS. Madam Speaker, I rise today to recognize New Bethel 
Missionary Baptist Church on the occasion of its 85th Anniversary. As a 
Member of Congress it is both my honor and privilege to recognize and 
congratulate Reverend Keyon Payton and the congregation for reaching 
this most impressive milestone.
  New Bethel Missionary Baptist Church was founded on June 21, 1925 as 
an institution rooted in spiritual fellowship and service to the 
Pontiac community. From its inception, with 27 founding families and 
under the leadership of Reverend J.W. Conyers, New Bethel found its 
first home at 175 Branch Street, and became a beacon on a hill shinning 
down upon the Pontiac community as a symbol of faith and fellowship. 
The passion of New Bethel's leaders has forever been a core strength of 
the Church. According to New Bethel history, Reverend William Bell sold 
his own car and took the bus to deliver his sermons every week, so that 
the Church could repair and expand their aging facilities. This 
selfless act is one example of the deep devotion of New Bethel's 
congregation and leadership to the Church's mission. New Bethel's 
community-minded focus, first fully realized under the leadership of 
Reverend Amos Johnson, drove the Church to become a ``Family Center,'' 
a pillar of charity and service in the Pontiac community.
  Under New Bethel's current leader, Pastor Keyon Payton, the Church 
has continued to prosper and expand upon its goals to join the Pontiac 
community in spiritual fellowship and community service. Through 
execution of Pastor Payton's bold vision, New Bethel reached out to 
several of its neighboring congregations in collaboration to create 
Camp Hosanna, a day camp for youth that provides them with a safe and 
secure environment to explore all realms of education. Pastor Payton 
has also been the driving force behind many new community-based 
programs which New Bethel hopes to implement including an emergency 
shelter for women and children in need, a community development 
corporation to promote an economically vibrant and financially literate 
Pontiac community, and a youth development center to guide and nurture 
Pontiac's future leaders.
  Madam Speaker, I ask my colleagues to join me today in celebrating 
New Bethel Missionary Baptist Church's 85th Anniversary of spiritual 
guidance and service to the Pontiac community. New Bethel's 
congregation and leadership have left a profound impact on the Pontiac 
community and have enriched the lives of many. I wish Pastor Payton, 
the New Bethel leadership and the entire congregation, many more years 
of vibrant spiritual fellowship and growth.

                          ____________________




 RETIREMENT FOR N. GARY ROOKE, FORMER CEO, GREATER SPRINGFIELD CREDIT 
                   UNION, SPRINGFIELD, MASSACHUSETTS

                                 ______
                                 

                          HON. RICHARD E. NEAL

                            of massachusetts

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. NEAL of Massachusetts. Madam Speaker, I rise today to celebrate 
the retirement of Gary Rooke from the Greater Springfield Credit Union. 
After 19 years of committed, dutiful and effective employment, I would 
like to acknowledge the significant contribution made to the lives of 
the credit union members and employees and would like to place this 
tribute into the official record.
  Mr. N. Gary Rooke joined the Greater Springfield Credit Union on 
November 13, 1990, as manager/CEO and has significantly increased the 
health of the credit union since his arrival. Since his start in 1990, 
many services have been added to the Credit Union such as debit cards, 
Roth IRAs, prime checking, online banking, bill pay, youth accounts, 
overdraft protection, vacation/holiday/computer/energy loans, audio 
response, member wire transfers, credit cards and development of the 
East Longmeadow branch.
  Mr. Rooke is also extremely involved in his community, serving 20 
years at the Mountain View Baptist Church, in which he has participated 
in many different ways. Gary served as the commander of Awana Youth 
Program as well as a Sunday school teacher, treasurer, church building 
committee, trustee and deacon. He has also been an active volunteer at 
the Westfield Boys and Girls club. Mr. Rooke also serves on many 
different committees which benefit the community.
  On Thursday, July 17, Gary's colleagues, friends and family will 
honor his legacy and thank him for his successful work on behalf of 
others and join him in celebrating his retirement from the Greater 
Springfield Credit Union.
  Gary Rooke has been a tremendous CEO to the Greater Springfield 
Credit Union in Springfield. I am proud to congratulate him on his 
retirement.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. KEN CALVERT

                             of california

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. CALVERT. Madam Speaker, June 8, 2010 was primary Election Day in 
my state of California, which necessitated my remaining in my 
congressional district on Tuesday, June 8, 2010, through Wednesday, 
June 9, 2010. Consequently, I was unable to return in time for rollcall 
votes 337 through 346.
  I ask the Record to reflect that had I been present I would have 
voted as follows:
  1. On rollcall No. 337, I would have voted ``aye'' (June 8) (H.R. 
1061, Hoh Indian Tribe Safe Homelands Act).
  2. On rollcall No. 338, I would have voted ``aye'' (June 8) (H. Res. 
518, Honoring the life of Jacques-Yves Cousteau, explorer, researcher, 
and pioneer in the field of marine conservation).
  3. On rollcall No. 339, I would have voted ``no'' (June 9) (Motion on 
Ordering the Previous Question on the Rule for H.R. 5072--FHA Reform 
Act of 2010 (H. Res. 1424).
  4. On rollcall No. 340, I would have voted ``no'' (June 9) (On 
Agreeing to the Resolution Providing for the consideration of the bill 
H.R. 5072, the FHA Reform Act).
  5. On rollcall No. 341, I would have voted ``no'' (June 9) (H. Res. 
989--Expressing the sense of the House of Representatives that the 
United States should adopt national policies and pursue international 
agreements to prevent ocean acidification, to study the impacts of 
ocean acidification, and to address the effects of ocean acidification 
on marine ecosystems and coastal economies).
  6. On rollcall No. 342, I would have voted ``aye'' (June 9) (H. Res. 
1178--Directing the Clerk of the House of Representatives to compile 
the cost estimates prepared by the Congressional Budget Office which 
are included in reports filed by committees of the House on approved 
legislation and post such estimates on the official public Internet 
site of the Office of the Clerk).
  7. On rollcall No. 343, I would have voted ``aye'' (June 9) (On the 
Motion to Instruct Conferees on H.R. 4173--Wall Street Reform and 
Consumer Protection Act of 2009 which instructs the House Conferees to 
end the culture of bailouts embedded in the bill.
  8. On rollcall No. 344, I would have voted ``aye'' (June 9) (H. Res. 
1330--Recognizing June 8, 2010, as World Ocean Day).
  9. On rollcall No. 345, I would have voted ``aye'' (June 9) (H.R. 
5278--To designate the ``President Ronald W. Reagan Post Office 
Building'' in Dixon, Illinois).
  10. On rollcall No. 346, I would have voted ``aye'' (June 9) (H.R. 
5133--To designate the ``Staff Sergeant Frank T. Carvill and Lance 
Corporal Michael A. Schwarz Post Office Building'' in Carlstadt, New 
Jersey).

                          ____________________




            STATEMENT ON BUSINESS LEADERS LETTER TO CONGRESS

                                 ______
                                 

                           HON. AARON SCHOCK

                              of illinois

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. SCHOCK. Madam Speaker, I was recently contacted by over 50 U.S. 
Business leaders who all support an appropriate Foreign Affairs budget 
which will help the U.S. stay competitive globally and ultimately 
produce more jobs domestically. I am pleased to see

[[Page 10536]]

that the business community has joined a number of non-profits who have 
come out in support of providing assistance abroad to help us reach our 
goals at home. Please see their letter below:

                  Business Leaders Letter to Congress

                                                     June 8, 2010.
       Dear Member of Congress: We are writing to urge your 
     support for the International Affairs Budget and its 
     important investments that help spur U.S. economic growth. 
     The importance of the International Affairs Budget's 
     development and diplomacy programs to U.S. national security 
     and our moral leadership is well recognized. However, the 
     vital role these programs play in creating American jobs and 
     trade is not fully appreciated.
       Now more than ever, America's economy is linked with global 
     trade and economic growth. Over the past 40 years, trade has 
     tripled as a share of our national economy. Today, 1 out of 5 
     American jobs are tied to international trade. America's 
     fastest growing markets--representing roughly half of U.S. 
     exports--are developing countries. Export promotion programs 
     funded by the International Affairs Budget are essential to 
     expanding U.S. trade in these emerging markets and are 
     indispensable to reaching President Obama's goal of doubling 
     exports within five years.
       U.S. businesses and entrepreneurs benefit significantly 
     from programs in the International Affairs Budget that 
     provide technical assistance, identify business 
     opportunities, and build stronger legal and economic policy 
     regimes that help developing countries become more reliable 
     trading partners. The International Affairs Budget is 
     critical to promoting U.S. exports, protecting intellectual 
     property rights, and advocating for American businesses 
     abroad.
       The International Affairs Budget is a fundamental tool for 
     advancing U.S. economic and strategic interests around the 
     world. That is why we urge you to support the President's FY 
     2011 request for the International Affairs Budget. 
     Representing less than 1.5% of the total federal budget, it 
     is a smart economic investment in a stronger and more 
     prosperous future for American workers and businesses.
           Sincerely,
         Aerospace Industries Association (AIA); Amway 
           Corporation; Amgen; ARD; Biotechnology Industry 
           Organization; Boeing; Business Council for 
           International Understanding; Business Roundtable; 
           Campbell Soup Company; Cargill; Caterpillar; Chevron; 
           Cisco Systems; Inc.; Citigroup; Coalition for 
           Employment through Exports; Computer and Communications 
           Industry Association; Corporate Council on Africa; 
           Creative Associates International; DAI; DHL; DuPont; 
           Eli Lilly and Company; FMC Corporation; General 
           Electric Corporation; GlaxoSmithKline; Google; John 
           Deere; Johnson & Johnson; Kraft Foods; Land O'Lakes; 
           Lockheed Martin Corporation; Mars; Microsoft; Motorola; 
           National Foreign Trade Council; National Retail 
           Federation; Northrop Grumman Corporation; Pioneer Hi-
           Bred International; Pfizer; Procter & Gamble; PhRMA; 
           Raytheon; RTI; Seaboard Corporation; Thales USA; Inc.; 
           United Technologies Corporation; UPS; U.S. Chamber of 
           Commerce; U.S.-Russia Business Council; Wal-Mart; 
           Xerox.

                          ____________________




              WHITE HOUSE HEALTH CARE PROPAGANDA CAMPAIGN

                                  _____
                                 

                             HON. TOM PRICE

                               of georgia

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. PRICE of Georgia. Madam Speaker, I rise to submit to the 
Congressional Record the following opinion piece by former Speaker of 
the House Newt Gingrich and Nancy Desmond, CEO at the Center for Health 
Transformation. Their piece focuses on the Obama administration's 
latest attempt to sell the recently enacted health care reform law to 
senior citizens. The administration has embarked on its public 
relations tour after numerous reports detailing that the new health 
care law will reduce quality, raise costs, and limit choices for 
America's seniors.
  In the run-up to passing their government takeover of health care, 
Congressional Democrats and the Obama administration blatantly ignored 
the voices of the American people and rammed through a hyper-partisan 
piece of legislation that will have a disastrous effect on our nation's 
health care system. That they are now choosing to mount a propaganda 
campaign at taxpayer expense to convince Americans that they should 
embrace these new, unwelcome disruptions and government intrusions, the 
Democrats show how out-of-touch they continue to be with the majority 
of Americans.
  I encourage my colleagues to read the following fact check on the 
administration's claims. Our senior citizens deserve to know the truth 
about the effects of ObamaCare.

           [From the Investors Business Daily, June 8, 2010]

                Seniors Must Scrutinize Medicare Mailer

                  (By Newt Gingrich and Nancy Desmond)

       As weeks turned to months during the Great Debate over what 
     to do about health care this past year, President Obama made 
     one solemn pledge to the nation and its seniors:
       He said health care would not add one dime to the deficit. 
     And if all of us liked our doctor, we would get to keep our 
     doctor.
       Fast-forward almost 90 days after the passage of ObamaCare 
     and the attitude of most Americans to that pledge is: ``Prove 
     it.''
       In the past two weeks, the Obama administration has been 
     trying to stem the tide of skepticism toward its health care 
     law with a new mailer sent directly to the nation's seniors, 
     titled ``Medicare and the New Health Care Law--What it Means 
     for You.''
       Problem is, for anyone who has paid attention during the 
     past 12 months, the message about the biggest government 
     expansion into health care in our lifetime just doesn't add 
     up.
       Let's contrast fact from fiction and the language used in 
     the new flier:
       ``The Affordable Care Act passed by Congress and signed by 
     President Obama this year will provide you and your family 
     greater savings and increased quality of care.''
       Fact: Most Americans will pay higher insurance premiums, 
     according to the Congressional Budget Office. And more than 
     10 million seniors will see reduced benefits under their 
     private Medicare Advantage plans. Overall quality will 
     decline as fewer doctors take on Medicare patients.
       ``Your guaranteed Medicare benefits won't change--whether 
     you get them through Original Medicare or a Medicare 
     Advantage plan.''
       Fact: Medicare Advantage, a private option in Medicare, 
     will be cut by $136 billion. On April 22, the chief actuary 
     for the Centers for Medicare and Medicaid Services reported 
     that half of all seniors enrolled in Medicare Advantage would 
     lose their coverage under the new health care bill by 2017. 
     The guarantee that benefits won't change isn't a guarantee at 
     all for millions of seniors who prefer using private 
     insurance companies that provide their Medicare coverage.
       ``Your choice of doctors will be preserved.''
       Fact: Cuts to Medicare will total nearly $500 billion, 
     hitting hospitals, home health providers, physicians and 
     more. Doctors throughout the country have seen their Medicare 
     payments reduced in recent years and expect more cuts in the 
     future because of ObamaCare.
       A February survey by three national neurosurgeon groups, 
     for example, showed that 50% of neurosurgeons were reducing 
     the number of Medicare patients they were accepting into 
     their practice. The Mayo Clinic in Arizona has also started 
     turning away Medicare patients. Other physicians are 
     following suit. How is this preserving a senior's choice of 
     doctors?
       ``If you're hospitalized, the new law also helps you return 
     home successfully and avoid going back--by helping to 
     coordinate your care and connecting you to services and 
     supports in your community.''
       Fact: This is traditionally known as ``home health care''--
     a program that helps treat patients at home for a short 
     period. But in the ObamaCare plan, home health care will be 
     cut by $40 billion. Another contradiction in terms.
       Last fall, the federal government launched an investigation 
     into Humana for sending letters to seniors who were customers 
     of the Medicare Advantage program during the health care 
     debate.
       It urged them to contact their congressman or senator 
     because of the then-proposed cuts to the program. Under 
     threat of shutting down the insurance company's contract with 
     Medicare, Humana was told to stop sending such information 
     out to its customers.
       Yet today, we have the federal government offering its spin 
     and fabrication on ObamaCare with no one holding it 
     accountable. It is trying to convince seniors that despite 
     almost half a trillion dollars in cuts, the new law 
     ``preserves and strengthens Medicare.'' Precious tax dollars 
     are being spent on a public relations campaign to try to 
     convince seniors that ObamaCare will keep ``Medicare strong 
     and solvent.''
       Nothing could be further from the truth.
       Record numbers of baby boomers will start retiring this 
     year and draw Social Security benefits and sign up for 
     Medicare. They are smart enough to understand that ObamaCare 
     is not a good deal for their golden years. A four-page 
     brochure will not change their minds either. It will take 
     more for this administration to ``prove it'' than a glossy, 
     four-page pamphlet.
       Gingrich, former speaker of the House, is founder of the 
     Center for Health Transformation. Desmond is the center's 
     CEO.

[[Page 10537]]



                          ____________________




  WORLD CANNOT TURN A BLIND EYE TO IRAN'S REPRESSION OF ITS OWN PEOPLE

                                  _____
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. WOLF. Madam Speaker, a recent Radio Free Europe/Radio Liberty 
(RFE/RL) article featured comments from Iranian-American journalist 
Roxana Saberi who spent 100 days in Iran's notorious Evin prison 
between February and May 2009 on espionage charges.
  Saberi indicated that the day of her release was bittersweet, saying, 
``As they drove me away, I remember turning my head to the side and 
seeing the prison disappear behind me. And finally, I cried . . . I 
realized, however, that my tears were not just tears of joy, but they 
were also tears of sorrow for the many innocent prisoners I was leaving 
behind. Why was I freed while all these others are still there?''
  Among those she was leaving behind were the two female Baha'i leaders 
who have been in jail for more than two years on baseless charges--
Fariba Kamalabadi and Mahvash Sabet.
  There are news reports that these two, in addition to the five male 
Baha'i leaders, are scheduled to have their fourth court session on 
Saturday, June 12--the same day as the anniversary of Iran's deeply 
flawed presidential election.
  The RFE/RL article continues, ``Saberi believes the media attention 
and international support she received during her ordeal led to her 
release.''
  Saberi's comments are consistent with the reflections of dissidents 
dating back to the Cold War. Time and again those who are unjustly 
languishing in prison have reported that their lives improved in 
captivity when President Reagan and others raised their cases by name. 
And in some instances, their freedom followed soon thereafter.
  The U.S. and the rest of the free world must continue to speak with 
one voice about the deplorable human rights situation in Iran. We must 
continue to advocate for due process and a fair trial for these seven 
Baha'i leaders and for basic rights for the community as a whole which 
according to the recently released report of the U.S. Commission on 
International Religious Freedom, ``has long been subject to 
particularly severe religious violations in Iran.''
  The world cannot turn a blind eye to this regime's brutal repression 
of its own people.

                          ____________________




ENROLLED JOINT RESOLUTION 3 OF THE SIXTIETH LEGISLATURE OF THE STATE OF 
                                WYOMING

                                 ______
                                 

                         HON. CYNTHIA M. LUMMIS

                               of wyoming

                    in the house of representatives

                        Thursday, June 10, 2010

  Mrs. LUMMIS. Madam Speaker, I rise to commend the State of Wyoming 
for enacting a resolution in support of the 10th Amendment to the 
Constitution. Enrolled Joint Resolution 3 of the Sixtieth Legislature 
of the State of Wyoming demands that Congress cease and desist from 
enacting mandates that are beyond the enumerated powers granted to the 
Congress by the United States Constitution.
  This resolution joins a groundswell of support across America for a 
return to the federalist principles in our Constitution. I am proud to 
insert this resolution into the Congressional Record on behalf of the 
people of Wyoming.
  Citizens, businesses and States across the country are bracing for 
the impact of the heavy handed government mandates in President Obama's 
healthcare plan. Momentum persists among some in Congress for 
additional federal mandates, taxes, and regulations that will burden 
State budgets and put entrepreneurs in Main Street America out of 
business.
  There is another way. Our nation's founders left us a recipe for 
freedom and opportunity in our Constitution, under which the people of 
the United States consented to a government with limited powers. As 
stated in the 10th Amendment, all powers not given to the federal 
government by the Constitution are reserved for the States and the 
people. I have co-founded in the House of Representatives a 10th 
Amendment Task Force to advance the principles of federalism and 
disperse power back to States, local governments and individuals.
  Before coming to Washington, I spent my entire adult life dealing 
with State issues--as a rancher, as a State legislator, and as State 
Treasurer. I am now astounded by the kinds of issues Members of 
Congress feel are appropriate for federal intervention.
  States know their people better. They know their issues better. Let's 
return to States what States do best and maintain a strong limited 
government in Washington to do what it does best--securing the freedom, 
strength and integrity of this country.

                          ____________________




                    OUR UNCONSCIONABLE NATIONAL DEBT

                                 ______
                                 

                           HON. MIKE COFFMAN

                              of colorado

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. COFFMAN of Colorado. Madam Speaker, today our national debt is 
$13,046,148,615,770.79.
  On January 6th, 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 $2,407,722,869,476.99 
so far this Congress.
  This debt and its interest payments we are passing to our children 
and all future Americans.

                          ____________________




  A TRIBUTE TO CHIEF STEVEN FOSTER IN RECOGNITION OF HIS 20 YEARS OF 
                                SERVICE

                                 ______
                                 

                         HON. DANIEL E. LUNGREN

                             of california

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. DANIEL E. LUNGREN of California. Madam Speaker, I rise today to 
recognize and honor Fire Chief Steven Foster for his 20 years of 
service to the Cosumnes Community Services District as he now retires.
  The Cosumnes CSD serves an estimated 169,000 south Sacramento County 
residents in a 157-square mile area. Its award-winning parks and 
recreation services--including the operation of 83 CSD parks--operate 
exclusively within the Elk Grove community. It provides fire protection 
and emergency medical services for the cities of Elk Grove and Galt and 
unincorporated areas of south Sacramento County.
  Foster, in addition to his duties as Cosumnes Fire Chief, has been an 
officer in the California Fire Chiefs Association and has been serving 
as chair of its legislative committee this year.
  Over the years, Chief Foster became the Fire Marshal and ushered in 
new fire codes. Rising to the rank of Deputy Fire Chief, he was 
responsible for the Department budget and guided the purchase of 
numerous properties for future fire stations, managed the construction 
of Fire Station 72 in Franklin Reserve, and renovated and expanded 
Station 74 in Laguna.
  Foster is a past President of the Sacramento County Fire Marshals and 
Fire Chiefs Associations. He also has been active in the Elk Grove 
Rotary Club.
  Steven Foster is on the executive board for the Sacramento Area Fire 
Chaplaincy. He is a member of the Elk Grove Rotary Club, and is a past 
president for both the Sacramento County Fire Chiefs Association and 
Sacramento County Fire Marshals Association.
  I am pleased to recognize and congratulate Steven Foster on his 
retirement for his dedication to our community.

                          ____________________




 IN RECOGNITION OF BUILDON'S COMMITMENT TO EMPOWERING YOUTH TO BECOME 
        LOCAL AND GLOBAL LEADERS IN SERVICE TO THEIR COMMUNITIES

                                 ______
                                 

                          HON. GARY C. PETERS

                              of michigan

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. PETERS. Madam Speaker I rise today to recognize the Detroit Area 
Region chapter of buildOn, on the occasion of its 2010 recognition 
banquet. buildOn is a national organization dedicated to empowering 
youth to serve communities locally and globally. As a Member of 
Congress, it is both my honor and privilege to recognize the Detroit 
Area Region chapter of buildOn for its laudable contributions to my 
district, our state, and communities around the world.

[[Page 10538]]

  The Detroit Area buildOn program, formerly known as ``Building with 
Books,'' began in 1992 with the establishment of its first chapter at 
Jackson Lumen Christi High School. This school was chosen for buildOn's 
first program because it is the alma mater of Jim Ziolkowski, the 
founder and now President & CEO of buildOn. The region has grown over 
the years to host 14 programs in high schools across the Detroit metro 
area, including three chapters in my congressional district, 
transforming the lives of over two hundred students a year. The 
students of buildOn make a positive difference in our community and in 
the lives of people around the world.
  This year, buildOn's students in the Detroit Area have committed to 
over twenty thousand hours of community service and raised over $42,000 
to build schools in developing nations. In fact, since the inception of 
the program in the Detroit Area, buildOn students have volunteered over 
one hundred and sixteen thousand hours and raised over $147,000 for 
charitable causes. buildOn students volunteer across the metro area for 
organizations including the Detroit Veterans Center, the Detroit Zoo, 
Gleaners Food Bank, Boys and Girls Clubs, the Baldwin Center, and a 
host of other deserving charities. In addition to local volunteerism, 
the members of buildOn embark on global trips to places such as 
Nicaragua, Mali, India, Haiti, Malawi and Senegal to participate in 
cultural exchanges and live with host families, while they work with 
the local community to build new schools. Since 2001, over one thousand 
students have traveled to developing countries to help build over sixty 
schools. This global perspective and volunteerism exemplifies the 
values of the buildOn program and its mission of, ``Enhancing education 
and empowering youth in the U.S. to make a positive difference in their 
communities while helping people of developing countries increase their 
self-reliance through education.''
  Madam Speaker, in these challenging times, it is the work of 
dedicated volunteers like the students and staff of buildOn that brings 
hope to my local community and communities around the world. I look 
forward to the continued success of the Detroit Area buildOn chapter in 
all of its future endeavors, as well as many more years of inspiring 
support for our community and communities around the world.

                          ____________________




                         HONORING PHYLLIS WEBER

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. RADANOVICH. Madam Speaker, I rise today to congratulate Phyllis 
Weber upon her retirement as the Principal of El Portal School and 
Yosemite Park High School. After thirty-two years in education, Ms. 
Weber will be honored at a retirement party in El Portal, California on 
Thursday, June 10, 2010.
  Ms. Weber received her Bachelor of Arts degree in psychology from the 
University of Dayton in Ohio and her Master of Arts degree in 
environmental and outdoor education from San Francisco State 
University. After three years as an environmental investigator for the 
Environmental Protection Agency, she became an instructor for the 
Yosemite Institute starting in January 1976. The Yosemite Institute is 
one of the nation's leading environmental education organizations 
dedicated to bringing school age children to Yosemite where they have 
an opportunity to experience and learn about the majestic place. Ms. 
Weber became known as a dynamic naturalist and teacher who had an 
amazing ability to connect with her students, a trait that carried 
forward throughout her career. At the Yosemite Institute she also met 
Mr. Art Baggett, a fellow instructor, and now her husband of more than 
thirty years.
  In 1978, Ms. Weber began teaching first, second and third grades at 
El Portal Elementary School. She has also taught courses for a 
wilderness program for the Saratoga/Los Gatos High School District, 
winter ecology for Antioch College, mountain ecology for the University 
of California at Santa Cruz, Yosemite Natural History for the College 
of Marin and various college courses for the Yosemite Institute.
  As the principal of Yosemite National Park's El Portal School and 
Yosemite Park High School since 2000, Ms. Weber has gracefully inspired 
teachers, staff and students to perform at high levels, as confirmed 
annually by the high test scores at the El Portal School. She has an 
uncanny ability to see the potential in her students and to draw them 
out in a way that helps them fulfill their potential. She has also 
developed a very positive reputation for her community through her 
school's ability to communicate with, and educate, Spanish-speaking 
students while making them feel welcome and part of the community.
  Ms. Weber's hallmark has been her enthusiasm to encourage new and 
innovative programs proposed by her teachers, students and parents and 
to actively seek creative ways to fund these programs. She has become a 
master at working within school district budgets and has diligently 
travelled with the district office to Mariposa, Sacramento and 
Washington, D.C. to support her budget, as well as working closely with 
parents and the local community on fundraising and support.
  In addition to her professional endeavors, Ms. Weber has been very 
involved in public service and her family has been an integral part of 
the Yosemite community for several generations. As part of her public 
service, Ms. Weber was elected to the Board of Trustees for the 
Yosemite Natural History Association in November 1979 and she began her 
service on January 26, 1980. For the past thirty years she has served 
on the Board for the Yosemite Natural History Association, the Yosemite 
Association and now the Yosemite Conservancy, where she is currently 
the chair of the education and programs committee. In this role, Ms. 
Weber and her family share their deep passion for Yosemite and Mariposa 
County.
  Madam Speaker, I rise today to commend and congratulate Principal 
Phyllis Weber upon her retirement from El Portal School and Yosemite 
Park High School. I invite my colleagues to join me in wishing Ms. 
Weber many years of continued success.

                          ____________________




                       HONORING STURGIS, MICHIGAN

                                 ______
                                 

                            HON. FRED UPTON

                              of michigan

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. UPTON. Madam Speaker, I rise today to pay special tribute to the 
city of Sturgis, Michigan and its trademark patriotic summer festival 
that is currently under way. While the name of the festival has changed 
throughout the years, this year's inaugural ``Sturgis Dam Days'' will 
surely foster lasting memories for the multitude of generations that 
look forward to the annual festival.
  The 6-day festival brings the entire community together to celebrate 
the city's rich history and pay special tribute to the Sturgis Dam, 
which will celebrate its 100th anniversary in 2011.
  The hydroelectric dam transmits electricity 18 miles to the Sturgis 
Municipal Power Plant, giving Sturgis the moniker of the ``Electric 
City.'' While the dam generates power for the town, ask most folks 
about it and they will highlight the postcard-perfect views of the dam: 
the flowing St. Joseph River and the surrounding scenes at the adjacent 
Covered Bridge Park.
  This year's Sturgis Dam Days festival includes a variety of events 
throughout the week for all to enjoy. The Sturgis Chamber of Commerce 
kicked off the festival by welcoming the community for dinner and the 
St. Joseph Sheriff's Department transformed into the Pony Express in 
period clothing to give the official proclamation to commence the 
celebration. Events throughout the week include an art fair; the 
American Legion Hog Roast; ``Experience Sturgis,'' a history walk 
through the city; a family picnic in Franks Park; a vintage Sturgis 
Biscuits baseball game; the Relay for Life at Sturgis High School; a 
parade down US-I2; and the culminating event, the Sturgis Dam Rodeo.
  The festival has been a beacon of economic activity and growth 
through the years, and continues to draw countless families to the 
region each year.
  I congratulate the city of Sturgis and all of its residents for 
sharing such a wonderful community event. Through the years the annual 
festival has become woven into the fabric of the lives of so many folks 
throughout southwest Michigan. Sturgis has such a rich heritage and 
offers so much to the region's families. I look forward to the 
festival's continued success with many more Sturgis Dam Day 
celebrations for years to come.

                          ____________________




                HONORING CHARLOTTE ``CHUCKIE'' HOLSTEIN

                                 ______
                                 

                         HON. DANIEL B. MAFFEI

                              of new york

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. MAFFEI. Madam Speaker, I stand today to congratulate Charlotte 
``Chuckie'' Holstein on being honored as the First Annual F.O.C.U.S. 
Greater Syracuse Wisdom Keeper Award recipient. She has been an active

[[Page 10539]]

member of the Central New York community, and for that I am very 
thankful.
  Chuckie is the founder of many organizations serving the people of 
Central New York, including F.O.C.U.S. Greater Syracuse, Leadership 
Greater Syracuse, Youth Leadership Greater Syracuse, the Syracuse/
Onondaga County Citizens Academy, the Syracuse Commission for Women, 
Meals on Wheels, and the City/County Office of the Aging.
  She has served the Central New York area as the Chair of Loretto, a 
Member of the Central New York District Board for Key Bank, a trustee 
of Cazenovia College and the Manlius Pebble Hill School, Chair of 
Advisory boards for the School of Social Work and College For Human 
Development of Syracuse University and a Member of the College at 
Brockport Foundation.
  Chuckie has also served her state, her nation, her faith and the 
world in a number of initiatives dealing with social justice, world 
peace and women's issues.
  In closing, I'd like to express my appreciation for all of the hard 
work she has done. Please join me in congratulating Charlotte 
``Chuckie'' Holstein on being honored with the First Annual F.O.C.U.S. 
Greater Syracuse Wisdom Keeper Award.

                          ____________________




     INDIAN AMERICAN CULTURAL CENTER BHARATIYA TEMPLE GRAND OPENING

                                 ______
                                 

                        HON. PETER J. VISCLOSKY

                               of indiana

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. VISCLOSKY. Madam Speaker, it is with great honor and pleasure 
that I stand before you today to recognize the Indian American Cultural 
Center of Northwest Indiana as they celebrate the grand opening of the 
Bharatiya Temple of Northwest Indiana. They will be commemorating the 
event with the religious and historic tradition of Maha 
Kumbhabhishekam. This event will take place over three days, from 
Friday, June 18, 2010 to Sunday, June 20, 2010, at the Bharatiya Temple 
of Northwest Indiana in Merrillville.
  The Indian American Cultural Center of Northwest Indiana opened on 
March 9, 2002, and operates as ``a place to preserve, nourish, and 
advance the Indian culture, heritage, religious values, and social 
values.'' In order to continue to advance the teachings and culture of 
the Indian American people and the Hindu religion, the members of the 
Indian American Cultural Center decided to expand the existing building 
and to give the community a legacy in the form of the truly glorious 
Bharatiya Temple of worship. The Indian American community will be 
celebrating Maha Kumbhabhishekam, which is a Hindu tradition performed 
when a new Temple is built and installed with new deities (Gods or 
Goddesses). Many religious rituals of the Hindu religion will be 
performed during the celebration which will sanctify the beloved 
Bharatiya Temple of Northwest Indiana. It is a Hindu belief that taking 
part and witnessing a Maha Kumbhabhishekam is a lifetime blessing.
  Madam Speaker, I ask that you and my distinguished colleagues join me 
in honoring the Indian American Cultural Society of Northwest Indiana 
and its congregation as they celebrate the opening of the Bharatiya 
Temple of Northwest Indiana and observe the religious and historic 
tradition of Maha Kumbhabhishekam. Through their words and teachings, 
this honorable organization shares with us the rich culture and 
tradition of the Indian American people as well as the traditions of 
the Hindu religion.

                          ____________________




                   IN RECOGNITION ANNIE & AVERY GRANT

                                 ______
                                 

                        HON. FRANK PALLONE, JR.

                             of new jersey

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. PALLONE. Madam Speaker, I rise today to honor the 50th 
anniversary of the marriage of Annie and Avery Grant, both exemplary 
and active members of their community. A simple glance at their 
dedication to civil service in Monmouth County, New Jersey uncovers a 
long history of local works and an extraordinary drive to improve the 
state in all aspects of public life. On the day of their golden 
anniversary, Annie and Avery Grant are indisputably worthy of this 
body's recognition.
  Annie Grant was born Annie Williams in New York City on October 27, 
1935, and has been recognized as a New Jersey State Notary Public for 
her many years of tireless service in professional and public life. In 
1991, Mrs. Grant was appointed Commissioner on the Monmouth County 
Board of Taxation, a position she held for 17 years until she retired 
in 2008. She was the first African-American to hold this position in 
Monmouth County. Mrs. Grant's accomplishments extend far beyond this 
office, however, as she has also led a long life of involvement in 
local politics. In addition to being the 1989 Democratic candidate for 
Monmouth County Clerk, Mrs. Grant has been the Long Branch Democratic 
Club's treasurer for 30 years, and was named Woman of the Year in 
Politics in 1992. Her intelligence and breadth of knowledge is what led 
me to invite her to speak about Social Security reform at the 
Democratic Congressional Roundtable in 2005.
  Avery Grant was born on July 9, 1933 in Memphis, Tennessee, and has 
led a prolific life of public works. A Vietnam Veteran, Mr. Grant is a 
retired Lieutenant Colonel in the U.S. Army Signal Corps, as well as a 
Professional Engineer, formerly with East Orange and the New York 
Transit Authority. Additionally, he is tirelessly active in the 
community of Long Branch, from serving on the Board of Education for 
over 12 years running to co-founding and editing the Community 
Newspaper, a bi-weekly, Monmouth County African-American newspaper. He 
has also been involved in over eight Monmouth County organizations, 
including but not limited to the Red Cross, Habitat for Humanity, the 
NAACP, and EXODUS, a halfway house focusing on substance abuse. His 
avid dedication to the city of Long Branch and Monmouth County landed 
him a spot on The City News' list of ``100 Most Influential in New 
Jersey.''
  These remarkable individuals married on June 12, 1960. They have two 
children, Adrianne and Avery Jr., and seven grandchildren. Their 
ability to maintain a beautiful, loving family in concert with their 
incredible efforts in their community is an inspiration to us all. They 
are valued members of their communities and a credit to the state of 
New Jersey.

                          ____________________




              ANNIVERSARY OF IRAN'S PRESIDENTIAL ELECTIONS

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. KIRK. Madam Speaker, June 12th will mark the one-year anniversary 
of the fraudulent presidential elections in Iran. In the wake of street 
protests that followed, human rights in Iran have gravely deteriorated.
  On this day, we must remember the dozens of courageous individuals 
murdered by this brutal regime and the hundreds of others detained 
without legal recourse. We must remember Neda Agha Soltan, the innocent 
young woman slain by the Basij militia.
  The post-election crackdown fully exposed the Iranian regime's 
continuing oppression of political dissidents as well as religious and 
ethnic minorities.
  In the spring of 2008, seven leaders of the Baha'i community were 
arrested and detained in Tehran's notorious Evin prison on charges of 
``spreading corruption on earth,'' among other outrageous falsehoods. 
They have been incarcerated for 20 months before a show trial can even 
commence. Moreover, according to the U.S. Commission on International 
Religious Freedom, as many as 45 members of the Baha'i community are 
currently imprisoned in Iran solely on the basis of their religious 
identity.
  The fourth court appearance of the Baha'i leaders is scheduled for 
June 12 to coincide with the one-year anniversary of the stolen 
election.
  The cynicism of the Iranian regime knows no bounds.
  It is time that the United States and the international community 
hold Iran accountable for denying the fundamental freedoms to its 
people.
  Yesterday, in commenting on the passed UN Security Council resolution 
on the Iranian nuclear program, the President stated that ``whether it 
is threatening the nuclear non-proliferation regime, or the human 
rights of its own citizens, or the stability of its own neighbors by 
supporting terrorism, the Iranian government continues to demonstrate 
that its own unjust actions are a threat to justice everywhere.''
  I agree with the President. His words should now be followed with 
action. We must raise the stakes for the Iranian leadership to cease 
its human rights abuses and abide by the rules of the international 
community.
  This Administration needs to prioritize human rights as a focal point 
of its Iran policy. American diplomats should continually raise the 
issue of human rights in Iran. We must urge our international allies to 
use their bilateral relationships and diplomatic missions in Tehran to 
call for the release of Iranian dissidents, religious minorities, and 
other prisoners of conscience.

[[Page 10540]]

  Most importantly, the President should speak publicly and directly to 
the Iranian people that the United States will never abandon them in 
their struggle for freedom and fundamental human rights.

                          ____________________




INTRODUCING THE CHESAPEAKE BAY PROGRAM REAUTHORIZATION AND IMPROVEMENT 
                                  ACT

                                 ______
                                 

                           HON. BOB GOODLATTE

                              of virginia

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. GOODLATTE. Madam Speaker, I rise today to join my colleague Rep. 
Holden in introducing the Chesapeake Bay Program Reauthorization and 
Improvement Act.
  The Chesapeake Bay, the largest estuary in the U.S., is an incredibly 
complex ecosystem that includes important habitats and is a cherished 
part of our American heritage. The Bay Watershed includes all types of 
land uses, from intensely urban areas, spread out suburban development 
and diverse agricultural practices. But unquestionably the Bay is in 
need and worthy of our attention and concern and I believe everyone has 
a role to play in restoring it.
  I have long worked with my colleagues here in Congress to find ways 
to protect and restore the Bay. In fact, Mr. Holden and I worked very 
hard with the other members of the Agriculture Committee to establish a 
mechanism and a funding source in the 2008 farm bill for addressing 
issues related to protecting the Chesapeake Bay Watershed. The farm 
bill provided unprecedented incentive-based funding to help farmers and 
ranchers improve management practices, which would directly result in 
improving water quality in the Bay. We must now continue in our efforts 
to restore and protect the Chesapeake Bay by reauthorizing the 
Chesapeake Bay Program.
  There are other proposals to reauthorize the Bay Program. The goal of 
all involved is the same, the continued health and vitality of the Bay, 
but the map to that health and vitality is being strongly debated. 
Unfortunately, proposals like the Presidential Executive Order, and 
legislation that would codify this order, would force more mandates and 
overzealous regulations on all of those who live, work, and farm in the 
Chesapeake Bay Watershed. This strategy will limit economic growth and 
unfairly overregulate our local economies. My colleagues and I 
recognized that we must form a proposal that does not pit the health of 
the bay against the strength and vitality of our local communities and 
that is why we rise today to introduce the Chesapeake Bay Program 
Reauthorization and Improvement Act.
  Instead of overregulation and intrusion into the lives and 
livelihoods of those who choose to make the Bay Watershed their home, 
our legislation allows States and communities more flexibility in 
meeting water quality goals so that we can help restore and protect our 
natural resources. Our bill sets up new programs to give farmers, 
homebuilders, and localities new ways to meet their water quality 
goals. This includes preserving current intrastate nutrient trading 
programs that many Bay states already have in place, while also 
creating a voluntary interstate nutrient trading program. Additionally, 
this bill creates a voluntary assurance program for farmers. The 
program will deem farmers to be fully in compliance with their water 
quality requirements as long as they have undertaken appropriate 
conservation activities to comply with State and federal water quality 
standards.
  Also, our bill makes sure that the agencies are using common sense 
when regulating water quality goals for localities. Our legislation 
requires the regulators to take into account the availability, cost, 
effectiveness, and appropriateness of practices, techniques, or methods 
in meeting water quality goals. This will ensure that localities are 
not being mandated to achieve a reduction in nutrient levels by a 
prescribed date, when no technology exists to achieve that reduction 
within that timeline.
  While our bill does a lot to improve water quality, we also call for 
more oversight over the Chesapeake Bay Program. For over 3 decades 
Congress has been working to preserve and protect the Chesapeake Bay. 
Despite the efforts of the federal, State, and local governments, the 
health of the Bay is still in peril. The participants in restoring the 
Bay include 10 federal agencies, six states and the District of 
Columbia, over one thousand localities and multiple nongovernmental 
organizations. This legislation would fully implement two cutting-edge 
management techniques, crosscut budgeting and adaptive management, to 
enhance coordination, flexibility and efficiency of restoration 
efforts. Neither technique is currently required or fully utilized in 
the Bay restoration efforts, where results have lagged far behind the 
billions of dollars spent. Further, this bill calls for a review of the 
EPA's Bay model. We often hear complaints from those who make good 
faith efforts to restore the Bay that their efforts are not being 
recognized by EPA's Bay model. EPA's model does not account for any 
voluntary measures being undertaken on farms to control nitrogen and 
phosphorous nor does it even account for some of the nitrogen and 
phosphorous reductions that are being achieved through government 
programs like USDA's Environmental Quality Incentives Program. 
Effectively, EPA is ignoring nutrient reductions that have already been 
achieved. Our legislation requires that an independent evaluator assess 
and make recommendations to alter EPA's Bay model, so that we can 
develop a model that will capture all of the nutrient reductions that 
are happening in the Bay.
  Madam Speaker, the people who call the Bay Watershed home are the 
ones who are the most concerned about protecting and restoring the 
Chesapeake Bay. Unfortunately, too often these hardworking individuals 
are cast as villains and placed in a position where restoring the Bay 
is pitted against the economic livelihoods of their communities. We can 
restore the Bay while also maintaining the economic livelihood of these 
communities. The Chesapeake Bay Program Reauthorization and Improvement 
Act is the way we can do both. I look forward to working with my 
colleagues in the Congress, so that we can pass this important 
legislation and work to restore the Chesapeake Bay.

                          ____________________




      RECOGNIZING THE FIFTY-THIRD NATIONAL PUERTO RICAN DAY PARADE

                                 ______
                                 

                          HON. JOSE E. SERRANO

                              of new york

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. SERRANO. Madam Speaker, it is with great pleasure that I rise 
today to pay tribute to the Fifty-Third National Puerto Rican Day 
Parade, which will be held on June 13, 2010, in New York City. A 
radiant and star-studded event, this parade proudly recognizes the 
heritage of Puerto Rican people here in the United States, and year 
upon year has proven to be one of our nation's largest outdoor 
festivities.
  The National Puerto Rican Day Parade is the successor to the New York 
Puerto Rican Day Parade, which held its inaugural celebration on 
Sunday, April 12th, 1958, in ``El Barrio,'' Manhattan. The impact of 
the first Puerto Rican Day Parade in New York was immediate and 
resounding. Thousands of New York Puerto Ricans flooded the streets in 
a very public, very proud demonstration of their emergence in the city 
as an important and growing ethnic group. For the next 38 years, the 
New York Puerto Rican Day Parade became a staple of New York's cultural 
life. In 1995, the overwhelming success of the parade prompted 
organizers to increase its size and transform it into the national and 
international affair that it is today.
  On June 13 delegates representing over thirty states, including 
Alaska and Hawaii, will join the roughly 3 million parade goers every 
year who turn New York's Fifth Avenue into a sea of traditional red, 
white, and blue flags. It's a picture unlike anything you will see 
anywhere else in the country. Not only because New York is the most 
international city in the world, but also because of the relationship 
that exists between New York and the Puerto Rican community. It's an 
historic relationship essentially born of mutual benefit and respect. 
Puerto Ricans have helped transform New York into a dynamic, bilingual 
city that continues to welcome newcomers from all over the globe, and 
the city of New York, believed by many to be a place of opportunity, 
has enabled Puerto Ricans to flourish economically, culturally and 
politically.
  The success that the parade enjoys each year is brought about in 
large measure by the continued efforts of a choice few individuals--
women and men of able leadership who believe, as I do, in the unbound 
potential of people of Puerto Rican descent. The Parade's march up 
Fifth Avenue, while certainly the most visible aspect of the 
celebration, is hardly the only event associated with the National 
Puerto Rican Day Parade, Inc.'s activities. Each year more than 10,000 
people attend a variety of award ceremonies, banquets and cultural 
events that strengthen the special relationship shared by Puerto Ricans 
and the city of New York.
  Madam Speaker, the National Puerto Rican Day Parade is an experience 
unlike any other. It signals to all who witness it that the Puerto 
Rican community, both in New York and nationally, represents an 
exquisite tapestry of individuals. Its power can be seen on the faces

[[Page 10541]]

and heard in the streets, as millions come together to joyously 
proclaim their heritage. And so, Madam Speaker, as a Puerto Rican and a 
New Yorker, and as someone who participates in this parade annually, I 
stand before you and my colleagues in Congress with a full and proud 
heart to pay tribute to the sights and sounds and wonder that is the 
National Puerto Rican Day Parade.

                          ____________________




          TRIBUTE TO HAMPSHIRE COLLEGE ON ITS 40TH ANNIVERSARY

                                 ______
                                 

                           HON. JOHN W. OLVER

                            of massachusetts

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. OLVER. Madam Speaker, I rise today to celebrate Hampshire College 
for opening its doors and welcoming its first students 40 years ago 
tomorrow.
  The Pioneer Valley of Western Massachusetts is home to the Five 
College Consortium, which includes three private liberal arts colleges, 
Amherst, Mount Holyoke and Smith; the state's flagship public 
university campus, the University of Massachusetts Amherst; and a 
progressive institution of higher education, Hampshire College. For 40 
years now, the Consortium has served as a vehicle for collaboration and 
resource sharing across all five campuses, including broadening access 
to higher education and unsurpassed academic excellence. This structure 
encourages the use of a vast curriculum, faculty and resources, and 
presents each student with a richer and fuller educational experience.
  Hampshire College was founded within this consortial setting to offer 
an original education in which students design their own course of 
study in close consultation with faculty mentors. Hampshire's 
educational approach emphasizes individual choice and development, and 
its pedagogical cornerstone is an inquiry-based mode of teaching and 
learning. Just as it attracts talented and intellectually ambitious 
students, Hampshire appeals to faculty who are excited to experiment 
with new methods of teaching, and are keen to co-teach with their 
colleagues.
  Rather than being characterized by traditional, discipline-based 
departments, Hampshire College has five academic schools: the School of 
Cognitive Science; Interdisciplinary Arts; Humanities, Arts and 
Cultural Studies; Natural Science; and the School of Critical Social 
Inquiry. Each school develops an innovative curriculum, which is 
project-based and immediately challenges students with current problems 
in the research literature. Research and teaching at Hampshire tend to 
work across discipline-based boundaries, as faculty and students 
collaborate to grapple with problems from a range of perspectives, with 
an eye toward community impact, social justice, and the well-being of 
others. Team teaching and interdisciplinary research serve as the basis 
for collaboration and reflect a remarkable degree of creativity. A low 
student-faculty ratio (12:1) allows for an emphasis on individualized 
and small group training, where faculty research and artistic 
expression is fully integrated into coursework, inviting each class 
into the process of intellectual and artistic discovery.
  Within this mission--and wherever possible--Hampshire students ask 
questions that motivate their undergraduate years. Careful mentoring at 
Hampshire has shown to inspire and motivate students beyond the 
classroom, often resulting in students continuing their education at 
the graduate level, and indeed, culminating in rewarding careers.
  I am honored to represent this fine institution of higher learning. 
Please join me in congratulating Hampshire College as it continues to 
define and communicate its extraordinary mission for the next 
generations of students, their families and the general public.

                          ____________________




 HONORING DR. JOSEPH W. BASCUAS, INTERIM PRESIDENT OF BECKER COLLEGE, 
                             WORCESTER, MA

                                 ______
                                 

                         HON. JAMES P. McGOVERN

                            of massachusetts

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. McGOVERN. Madam Speaker, I rise to recognize Dr. Joseph W. 
Bascuas for his accomplishments as Becker College interim president and 
for his dedication to quality higher education.
  Becker College, located in Worcester and Leicester, Massachusetts, 
serves more than 1,700 students from 18 states and 12 countries, and 
offers over 25 diverse, first-quality bachelor degree programs in 
unique, high-demand career niches. Born in Cuba, he shares my 
dedication to improving relations with Latin America. Dr. Bascuas 
utilized his great volume of experience and passion for quality higher 
education and strong relationships in his role as Becker College 
interim president.
  The Becker College Board of Trustees named Dr. Bascuas as interim 
president on September 26, 2008. Dr. Bascuas gave his leadership and 
support to the Becker College community in various ways during his 
tenure. He brought more than 25 years of experience in higher education 
to Becker College.
  Prior to serving as interim president at Becker College, Dr. Bascuas 
served as president of Medaille College, Buffalo, NY, a private 
institution that offers undergraduate and graduate degrees, from 2002 
through 2006. Dr. Bascuas successfully took Medaille through an 
accreditation and strategic planning; completed a $2.4 million capital 
campaign; nearly doubled revenue and undergraduate freshman to 
sophomore retention; and increased overall and undergraduate enrollment 
as well as the number of resident students. As founding president 
Argosy University Atlanta, GA campus, Bascuas spent 12 years with the 
Argosy Education Group. During his tenure, the Argosy corporate entity 
grew from three to thirteen campuses, offering undergraduate and 
graduate programs in business, education, and psychology, two law 
schools, and one technology-focused school. Dr. Bascuas also increased 
enrollment at all campuses, introduced new programs at five campuses, 
and hired presidents at two campuses. Previously, Bascuas held 
administrative and teaching positions at the Georgia School of 
Professional Psychology, Antioch University, Nova/Southeastern 
University and Salve Regina University. He has held a number of 
positions with professional boards and associations, most recently as 
site visit team chair for the Middle States Commission on Higher 
Education, and he has served on the National Collegiate Athletic 
Association Division III Presidents Council. Dr. Bascuas has written 
and co-authored numerous papers on psychological topics and has 
presented at symposia and conferences. He received a B.A. from LaSalle 
University and an M.A. and a Ph.D. from Temple University.
  As interim president, Dr. Bascuas encouraged Becker to find ways to 
provide more aid to students who need it most, thus increasing 
retention among current students and giving access to new students. Dr. 
Bascuas was successful in communicating across audiences, promoting 
unity among Becker College's two campuses, forging relationships with 
faculty, and energizing the board of trustees. On a personal note, I 
appreciate his strong interest in promoting the College's nursing 
education program and his personal invitation to me to participate in 
the ``Pinning'' graduation ceremony for its nursing students.
  Madam Speaker, I would like to commend Dr. Joseph W. Bascuas for his 
remarkable work as interim president. I ask my colleagues to join me in 
thanking Dr. Bascuas for his work and wishing him all the best in his 
future endeavors.

                          ____________________




   IN CELEBRATION OF DR. EDDIE GREEN'S RETIREMENT AS DIRECTOR OF THE 
 HORIZON-UPWARD BOUND PROGRAM OF CRANBROOK SCHOOLS AFTER HIS TEN YEARS 
                               OF SERVICE

                                 ______
                                 

                          HON. GARY C. PETERS

                              of michigan

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. PETERS. Madam Speaker, I rise today to recognize Dr. Eddie Green 
on the occasion of his retirement as Director of the Horizons-Upward 
Bound, HUB, program at Cranbrook Schools, and to celebrate and honor 
his 10 years of service. As a Member of Congress it is both my honor 
and privilege to recognize and congratulate Dr. Green on this most 
auspicious occasion.
  Dr. Green's dedication to educating and nurturing our youth long 
precedes his work with the Horizons-Upward Bound program. Prior to his 
current work with HUB, Dr. Green served for many years in the Detroit 
Public Schools. Dr. Green began his career as a teacher in the 
classroom and through unwavering commitment to his students, fellow 
educators and the community rose to become the Detroit Public Schools' 
General Superintendent and Chief Executive Officer. As the Schools' 
Chief Executive, Dr. Green carried out his vision of engaging all 
sectors of the Detroit community in the fight to increase student 
achievement by creating a confident, committed and supportive 
community.
  Horizons-Upward Bound was founded in 1965 with the mission of 
preparing students of

[[Page 10542]]

limited opportunity in the Detroit metropolitan region to enter into 
and excel in post-secondary education opportunities and beyond. When 
Dr. Green began his work with HUB in May 2000, he brought with him the 
same passion and zeal which made him such a strong and effective leader 
for educating our youth. As its Director, Dr. Green implemented several 
new programs which furthered the mission of HUB, including financial 
literacy education for high school seniors, a comprehensive mentoring 
program for all HUB participants, an annual east coast college tour for 
high school sophomores, and the Weekend Wilderness Experience for 
summer HUB participants. In each case, the programs that Dr. Green 
designed furthered the educational enrichment of Detroit area youth, 
while exposing them to new opportunities and experiences.
  Madam Speaker, I ask my colleagues to join me today in celebrating 
Dr. Eddie Green's retirement after 10 years of service as Director of 
the Horizons-Upward Bound program of Cranbrook Schools and for his 
lifetime of work in public education. The profound impact of Dr. 
Green's work is felt in the lives of so many of our youth in the 
Detroit metropolitan area and I wish him many healthy years in his 
retirement.

                          ____________________




      COMEMMORATING D-DAY AND HONORING THE VIRGINIA NATIONAL GUARD

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. WOLF. Madam Speaker, I was honored on June 5 to join in a salute 
to the Virginia National Guard and the role of its Third Battalion, 
116th Infantry Regiment, 29th Infantry Division in the D-Day invasion.
  The event was held at the National Guard Armory in Winchester and 
organized by the Honorable Jack Marsh, former Virginia congressman and 
counselor to President Ford, the longest serving secretary of the Army, 
and my long-time friend and mentor. Earlier this year Jack helped draft 
a resolution passed by the Virginia General Assembly which commemorated 
the Virginia National Guard's 29th Division for its part in storming 
Omaha Beach and invading Normandy on D-Day--June 6, 1944.
  On Monday, May 31, Madam Speaker, we observed Memorial Day. We 
honored those who made the ultimate sacrifice in service to their 
country. I also took time last week to visit Gettysburg where President 
Lincoln so eloquently described that kind of sacrifice in his ringing 
words of the Gettysburg Address: They gave ``the last full measure of 
devotion.''
  As we reflect this week on the 66th anniversary of D-Day, many people 
may not know that the only National Guard Division on the beach at 
Normandy was the 29th Division of Virginia, Maryland and District of 
Columbia National Guard. And only one Regiment of the 29th--Virginia's 
116th Infantry, which includes the 3rd Battalion that calls the 
Winchester Armory home--was selected to be in the first wave at Omaha 
Beach.
  There were 17 Virginia communities in the Infantry units of the 
116th--from Winchester, Berryville and other places stretching up and 
down the Shenandoah Valley. This historic unit is the sixth oldest 
regiment of the Army and its predecessors served under our forebears--
George Washington and Stonewall Jackson--giving it the name: 
``Stonewall Brigade.''
  The soldiers of the Stonewall Brigade stormed the beach with 3,100 
officers and men. They had to cross over 300 yards of sand beach under 
heavy crossfire to reach the shore and fight their way up bluffs that 
towered to 100 feet. By the end of what is known as ``the longest 
day,'' the 116th took over one thousand casualties. Military historians 
call the Omaha battle the most violent of World War II. Only a handful 
of those who crossed the beach, who Tom Brokaw has called, ``the 
Greatest Generation,'' remain.
  Once on shore the mission of the 29th Division was the capture of the 
city of St. Lo, a key transportation hub. It proved to be an arduous 
task. German defenses were formidable. Timetables were disrupted. Mid-
July found the 3rd Battalion 116th Infantry at the edge of St. Lo. It 
had a new commander, Major Tom Howie of Staunton, Virginia, where he 
taught English, and coached football at Staunton Military Academy.
  Howie was from South Carolina and a 1929 graduate of the Citadel 
where he was class president and an all-state half-back. Tom Howie 
became the role model for the character Captain Miller, played by Torn 
Hanks, in the film, ``Saving Private Ryan.''
  The second battalion of the 116th became surrounded near St. Lo. 
Major Howie's 3rd Battalion in a night attack operation broke through 
German lines to relieve the 2nd Battalion. In the morning on July 17, 
Howie and his troops continued the attack on St. Lo. His last words 
were ``see you in St Lo'' before he was killed instantly by German 
mortar fire. Loved and respected by his men, his body was draped in an 
American flag and placed on the hood of a Jeep that led the victorious 
troops into the city. There on a pile of rubble of the Church of St. 
Croix it was placed to honor him.
  A Life magazine photographer happened by, and took the famous 
picture. Because of censorship neither the soldier, nor unit could be 
identified. It was captioned only, ``The Major of St. Lo,'' but it was 
seen round the world. The French have since built a monument to honor 
him. Today there is also a Howie Bell Tower near the Citadel Parade 
Ground at his alma mater.
  When the 29th Division deployed to England in September 1942, Tom 
Howie bid his wife and small daughter Sally, not quite 4-years-old, 
goodbye. They would never see him again. His daughter, now Sally 
McDivitt, age 71, of Culpeper, Virginia, was an honored guest at the 
ceremony in Winchester and unveiled a portrait of her father, which 
will be displayed in a classroom at the armory bearing Major Howie's 
name.
  Madam Speaker, Sally Howie McDivitt is a symbol of the sacrifice made 
by military families, then and now. The 116th made extraordinary 
contributions at Normandy and continues in that sacrifice of service 
today. The spirit of the heroes of D-Day lives on in the men and women 
of the 116th of today. They call the same places in Virginia home and 
show the same dedication and courage by fighting for freedom and 
democracy in places which are continents away.
  This same unit has now served two tours in Iraq and Afghanistan and 
has lost two members, Staff Sgt. Craig Cherry, 39, of Winchester, and 
Sgt. Bobby Beasley, 36, of Inwood, West Virginia. The Winchester Armory 
now bears their names. I have visited troops in Iraq and Afghanistan, 
including soldiers from Virginia. They deserve our support and 
gratitude for accepting the same responsibilities and hardship of those 
in the uniform of their country who have gone before them.
  We must always remember that when we send men and women into harm's 
way, their families are also sacrificing for their country. Military 
families, then and now, bear a heavy burden. They have been willing to 
sacrifice their goods, their comforts, their husbands, sons, daughters, 
fathers, and brothers. They are willing, as words of the Declaration of 
Independence state: to pledge their lives, their fortunes and their 
sacred honor for their country.
  In a speech given at Point du Hoc, France, commemorating D-Day in 
1984, President Reagan said:

  ``The men of Normandy had faith that what they were doing was right, 
faith that they fought for all humanity, faith that a just God would 
grant them mercy on this beachhead or on the next. It was the deep 
knowledge--and pray God we have not lost it--that there is a profound 
moral difference between the use of force for liberation and the use of 
force for conquest.''

  We call on our colleagues and every citizen of America--the land of 
the free and home of the brave--to continue to strengthen the character 
of our nation, which has been built through hardships, and the freedom 
of our nation, which has been ensured through the lives of so many 
before us, including those brave souls from Winchester and the 
Shenandoah Valley who fought their way onto the shores and up the 
bluffs of Omaha Beach.

                          ____________________




RECOGNIZING DR. JOSEPH W. BASCUAS, INTERIM PRESIDENT OF BECKER COLLEGE, 
                        LEICESTER, MASSACHUSETTS

                                 ______
                                 

                          HON. RICHARD E. NEAL

                            of massachusetts

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. NEAL of Massachusetts. Madam Speaker, I rise today to pay tribute 
to Dr. Joseph W. Bascuas for serving as Becker College's interim 
president and for his promotion of high academic standards.
  The Becker College Board of Trustees named Dr. Bascuas as interim 
president on September 26, 2008. Dr. Bascuas gave his leadership and 
support to the Becker College community in various ways during his 
tenure. Specifically, he brought more than 25 years of experience in 
higher education to Becker College.

[[Page 10543]]

  During his time at Becker College, Dr. Bascuas strengthened relations 
with the local community, encouraging the investment of college 
resources to the benefit of the local community. Specifically, he 
effectively emphasized new collaborations with the Town of Leicester 
Public Schools and championed the college's plans to transition part of 
the landmark Reverend Samuel May House into a visitor center for the 
town. On a personal note, I appreciate his interest in promoting civil 
rights and his personal invitation to address students on this 
important chapter of our nation's history and served as the 
commencement speaker for the graduating class of 2010.
  Becker College is a unique New England college. The institution, 
which traces its history to 1784, is comprised of two separate campuses 
only six miles apart, one in Leicester and the other in Worcester, 
Massachusetts, each with its own dormitories, library, dining hall and 
academic facilities. The college serves more than 1,700 students from 
18 states and 12 countries, and offers more than 25 diverse, quality 
bachelor degree programs in unique, high-demand career niches ranging 
from nursing and equine management to computer game design and a 
variety of adult learning options.
  Prior to serving as interim president at Becker College, Dr. Bascuas 
served as president of Medaille College, Buffalo, NY, a private 
institution that offers undergraduate and graduate degrees, from 2002 
through 2006. Dr. Bascuas successfully took Medaille through an 
accreditation and strategic planning; completed a $2.4 million capital 
campaign; nearly doubled revenue and undergraduate freshman to 
sophomore retention; and increased overall and undergraduate enrollment 
as well as the number of resident students. As founding president of 
Argosy University Atlanta, GA campus, Bascuas spent 12 years with the 
Argosy Education Group. During his tenure, the Argosy corporate entity 
grew from 3 to 13 campuses, offering undergraduate and graduate 
programs in business, education, and psychology, two law schools, and 
one technology-focused school. Dr. Bascuas also increased enrollment 
and revenues at all campuses, introduced new programs at five campuses, 
and hired presidents at two campuses. Previously, Bascuas has held 
administrative and teaching positions at the Georgia School of 
Professional Psychology, Antioch University, Nova/Southeastern 
University and Salve Regina University. He has held a number of 
positions with professional boards and associations, most recently as 
site visit team chair for the Middle States Commission on Higher 
Education, and he has served on the National Collegiate Athletic 
Association Division III Presidents Council. Dr. Bascuas has written 
and co-authored numerous papers on psychological topics and has 
presented at symposia and conferences. He received a B.A. from LaSalle 
University and an M.A. and a Ph.D. from Temple University.
  Mr. President, I again thank Dr. Joseph W. Bascuas for his great 
contributions to Becker College and the Town of Leicester. I ask my 
colleagues to join me in wishing Dr. Joseph W. Bascuas all of the best 
in his future endeavors.

                          ____________________




              THIRD TIME IS A CHARM FOR SOUTHWEST RANDOLPH

                                 ______
                                 

                           HON. HOWARD COBLE

                           of north carolina

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. COBLE. Madam Speaker, on behalf of the citizens of the Sixth 
District of North Carolina, we wish to extend our congratulations to 
the Southwest Randolph High School softball team for winning the North 
Carolina High School Athletic Association State 3-A softball 
championship for the third time in four years.
  The Southwest Randolph Cougars defeated Crest High School 6-1 on June 
5, 2010, at Walnut Creek Softball Complex in Raleigh, North Carolina, 
to win the title.
  The win did not come easily with the Cougars trailing 1-0 after the 
third inning. After readjusting to the Chargers' pitching style and 
hitting fewer pop-ups, the Cougars managed to score a run in the fourth 
inning.
  Cougars' pitcher Julia Calicutt was able to stop the Chargers from 
scoring additional runs in the fifth and sixth innings. Having played 
two seasons behind Southwest Randolph's four-year starter Anna Maness, 
Calicutt was finally given her chance to shine.
  Calicutt's athleticism and hard work gave the Cougars the opportunity 
they needed to claim the state title. The Cougars ended the game 
tacking on three additional runs in the fifth inning and two in the 
sixth. ``It's an awesome feeling,'' Calicutt told the Asheboro Courier-
Tribune. ``There were doubts at the beginning of the season. We had to 
do this to prove ourselves,'' added Calicutt.
  The championship team members included: Cythnia Hayes, Hannah Hughes, 
Erin Billups, Olivia Hickman, Julia Callicutt, Kelsey Hoover, Victoria 
Hunt, Sydney Hyder, Sloane King, Ashia Nicholson, Kaylee King, Paige 
Parrish, Hayleigh Clapp, Brooke Hayes, Hagan Kiser, Felicia Brady, 
Braden Newlin, and Alexandria O'Connell. Assisting Head Coach Ricky 
Martinez were Brooke Smith, Robert Hayes and Wendell Seawell.
  Again, we would like to congratulate Southwest Randolph High School's 
softball team, faculty, staff, students, and fans for an outstanding 
championship season.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                        HON. PATRICK J. KENNEDY

                            of rhode island

                    in the house of representatives

                        Thursday, June 10, 2010

  Mr. KENNEDY. Madam Speaker, I regret that I was unable to participate 
in a series of votes on the floor of the House of Representatives 
today.
  Had I been present to vote on rollcall No. 337, on a motion to 
suspend the rules and pass the bill H.R. 1961, the Hoh Indian Tribe 
Safe Homelands Act, I would have voted ``aye'' on the question.
  Had I been present to vote on rollcall No. 338, on a motion to 
suspend the rules and pass the bill H. Res. 518, Honoring the life of 
Jacques-Yves Cousteau, explorer, researcher, and pioneer in the field 
of marine conservation, I would have voted ``aye'' on the question.