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									                                                                                       Congressional Record
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                                                                                                                                                               111 th CONGRESS, FIRST SESSION
                                             United States
                                              of America                                PROCEEDINGS AND DEBATES OF THE


                                          Vol. 155                                                    WASHINGTON, TUESDAY, MARCH 17, 2009                                                                 No. 46


                                                                                   House of Representatives
                                            The House met at 10:30 a.m. and was                                    watched the passage of a $410 billion                       THE CONTINUED NEED FOR
                                          called to order by the Speaker pro tem-                                  omnibus bill loaded with some 9,000                               HEALTH REFORM
                                          pore (Ms. JACKSON-LEE of Texas).                                         unscrutinized earmarks.                                  The SPEAKER pro tempore. The
                                                                               f                                     Soon we are going to debate the                      Chair recognizes the gentleman from
                                                                                                                   President’s budget, a budget which                     Rhode Island (Mr. LANGEVIN) for 5 min-
                                            DESIGNATION OF SPEAKER PRO                                             spends too much, taxes too much, and                   utes.
                                                        TEMPORE                                                    borrows too much from our kids and                       Mr. LANGEVIN. I would like to just
                                            The SPEAKER pro tempore laid be-                                       our grandkids. This budget raises taxes                take this opportunity to wish all of my
                                          fore the House the following commu-                                      on everyone, from middle class families                colleagues and the American people,
                                          nication from the Speaker:                                               to small businesses, to seniors and to                 particularly my constituents, a happy
                                                                WASHINGTON, DC,                                    schools. It even punishes anyone who                   St. Patrick’s Day.
                                                                        March 17, 2009.                            would have the audacity to flip on a                     Madam Speaker, I rise today to
                                            I hereby appoint the Honorable SHEILA                                  light switch thanks to a brand new $646                speak on an issue that continues to be
                                          JACKSON-LEE to act as Speaker pro tempore                                billion energy tax. This means less                    a top priority for American families
                                          on this day.                                                             money in the family budget and more                    and businesses, one that is fundamen-
                                                                   NANCY PELOSI,                                   jobs being shipped overseas.                           tally intertwined with the strength of
                                               Speaker of the House of Representatives.                              The American people are looking for                  our Nation’s economy and the govern-
                                                                               f                                   real solutions that will help create                   ment’s long-term fiscal sustainability.
                                                MORNING-HOUR DEBATE                                                jobs, rebuild savings, and create more                 I’m speaking, of course, about the need
                                                                                                                   investment in our economy. And in                      for health care reform.
                                            The SPEAKER pro tempore. Pursu-                                        spite of what some disingenuous polit-                   Health care costs in the United
                                          ant to the order of the House of Janu-                                   ical operatives are saying, Republicans                States are rising at an alarming rate.
                                          ary 6, 2009, the Chair will now recog-                                   are offering better solutions.                         Yet despite the fact that we spend
                                          nize Members from lists submitted by                                       So far this year, we’ve presented                    more per capita on health care than
                                          the majority and minority leaders for                                    clear, superior alternatives to Wash-                  any other industrialized country, we
                                          morning-hour debate.                                                     ington Democrats’ flawed proposals.                    produce some of the worst outcomes by
                                            The Chair will alternate recognition                                   We’ve asked the administration for an                  a number of important health meas-
                                          between the parties, with each party                                     exit strategy to get the government                    ures. Furthermore, the U.S. remains
                                          limited to 30 minutes and each Mem-                                      back out of the private sector and get                 the only developed nation that does
                                          ber, other than the majority and mi-                                     taxpayers off the hook for more bil-                   not guarantee health coverage as a
                                          nority leaders and the minority whip,                                    lions in handouts to the financial sec-                right to its citizens.
                                          limited to 5 minutes.                                                    tor. Our whip, ERIC CANTOR, and I per-                   Recent estimates indicate that over
                                                                               f                                   sonally delivered to the President an                  45 million Americans lack health in-
                                                                                                                   economic recovery plan that would cre-                 surance, leaving one in six without ac-
                                                       THE BUDGET                                                  ate twice as many jobs as the Demo-                    cess to proper medical care. Even more
                                            The SPEAKER pro tempore. The                                           crats’ plan at half the cost. And we                   shocking is that over 80 percent of the
                                          Chair recognizes the gentleman from                                      fought for a spending freeze as the ma-                uninsured come from working families.
                                          Ohio (Mr. BOEHNER) for 5 minutes.                                        jority fought for their bloated $410 bil-              Health care costs are imposing an in-
                                            Mr. BOEHNER. I welcome my col-                                         lion omnibus spending bill.                            creasing burden on families and plac-
                                          leagues to St. Patrick’s Day and I hope                                    Listen, the American people are fed                  ing employers at a further competitive
                                          everyone has a happy one.                                                up with what they’re seeing here in                    disadvantage in our global economy.
                                            Madam Speaker, we are 2 months                                         Washington. Don’t they deserve to                        Now, as we seek to unfurl the com-
                                          into this Congress, and Washington has                                   keep more of what they earn as we try                  plex economic challenges facing our
                                          done nothing to ease the economic                                        to get this economy back on track?                     country, it remains abundantly clear
                                          challenges facing middle class families                                  Don’t they deserve better solutions                    that our success will not only depend
                                          and small businesses.                                                    than the spending, taxing, and bor-                    on our ability to stem housing fore-
                                            We’ve watched the administration                                       rowing that they’re seeing out of this                 closures and create new jobs; it will
                                          approve another $350 billion for more                                    Congress?                                              also depend on our will to change a sys-
                                          bailouts for the financial industry, and                                   Republicans are offering better solu-                tem of health care that is fundamen-
                                          we’ve watched passage of a trillion-dol-                                 tions, and we hope the majority will                   tally flawed and under tremendous
                                          lar ‘‘stimulus’’ bill, and then we’ve                                    join us.                                               strain.

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

                                                                                                                                                                                                  H3441


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                                          H3442                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                            According to Dr. Peter Orszag, the                        HONK IF YOU’RE PAYING MY                             Joe Getty asked the question yester-
                                          Director of the Office of Management                                  MORTGAGE                                 day, ‘‘What has happened to the words
                                          and Budget, in his recent testimony be-                   The SPEAKER pro tempore. The                         ’sadder but wiser’? What has happened
                                          fore the Housing Budget Committee on                    Chair recognizes the gentleman from                    to that American tradition that you
                                          which I sit, ‘‘the single most important                California (Mr. MCCLINTOCK) for 5 min-                 make your own decisions, good or bad,
                                          step we could take to put this Nation                   utes.                                                  and then you live with those deci-
                                          back on a path to fiscal responsibility                   Mr. MCCLINTOCK. Madam Speaker, I                     sions?’’
                                          is to address rising health care costs.’’               have been asked to present more than                     The President tells us that if your
                                          He further stated that ‘‘health care is                 6,000 postcards that were generated by                 neighbor’s home is on fire, you don’t
                                          the key to our fiscal future. We cannot                 the Armstrong and Getty radio show to                  quibble over who pays for the water.
                                          afford inaction.’’                                      protest policies that can best be de-                  And that’s true. But as Jack Arm-
                                            I could not agree more, Madam                         scribed by the new bumper sticker                      strong pointed out, if my neighbor
                                          Speaker. But this is not just an eco-                   ‘‘Honk if You’re Paying My Mortgage’’                  burns down his house by shooting off
                                          nomic or a fiscal imperative; it is also                or today’s reprise ‘‘Honk if You’re Pay-               Roman candles in his living room, I’ll
                                          a moral one. For many years I have                      ing AIG’s Bonuses.’’                                   be darned if I’m going to pay for him to
                                          continually heard from Rhode Island-                      These postcards represent the first                  rebuild it.
                                          ers who are struggling to pay their                     stirring of the public against some of                   Armstrong and Getty, Rick Santelli,
                                          share of health care premiums, as well                  the excesses that we are seeing out of                 and others are speaking for the vast si-
                                          as from businesses that can no longer                   this administration on the mortgage                    lent majority of Americans who pay
                                          afford to operate under the existing                    issue.                                                 their bills, who honor their commit-
                                          system. Those constituents who are                        Rick Santelli of CNBC struck a nerve                 ments, and who make this country run.
                                          fortunate to have access to health in-                  last month when he asked, ‘‘How many                     The President recently said that we
                                          surance are struggling in the face of in-               of you want to pay your neighbor’s                     are all to blame. Well, no, we not all to
                                          creasingly daunting costs, while many                   mortgage who has an extra bathroom                     blame. Those families who passed up
                                          of them are afraid, of course, that they                and can’t pay their bills?’’ Jack Arm-                 the get-rich-quick real estate seminars
                                          will lose the benefit altogether.                       strong and Joe Getty, who host the                     and turned down the loans they
                                            Now, this cannot simply continue                      popular radio talk show in Northern                    couldn’t afford or settled for a smaller
                                          any longer, and I am very pleased that                  California, asked the same question of                 home or who rented because that’s
                                          within the last 2 months, this Congress                 their listeners. And here’s their re-                  what they could afford, they’re not to
                                          and President Obama have already                        sponse:                                                blame, and they shouldn’t be left hold-
                                          taken extraordinary steps to begin ad-                    On each of these thousands of post-                  ing the bag.
                                          dressing these challenges by expanding                  cards is the story of a responsible fam-                 Ninety-two percent of Americans are
                                          coverage and investing in innovative                    ily struggling to make ends meet in                    making their mortgage payments not
                                          technologies that will ensure better                    the worst recession in a generation,                   only because it’s the right thing to do,
                                          treatments and outcomes for the fu-                     families who are meeting their obliga-                 but because they know that the sooner
                                          ture.                                                   tions, who are staying current with
                                            On February 4 Congress passed and                                                                            the market corrects itself, the sooner
                                                                                                  their mortgages, even though many of                   our homes will begin to appreciate
                                          the President enacted a bill to provide
                                                                                                  them are upside down on their home                     once again.
                                          health coverage to 11 million low-in-
                                                                                                  values and owe more than their home                      By prolonging the real estate correc-
                                          come children through SCHIP, the
                                                                                                  is worth. And they’re watching as this                 tion, by propping up bad loans, by un-
                                          State Children’s Health Insurance Pro-
                                                                                                  government says to borrowers who lied                  dermining responsible homeowners,
                                          gram, which I was proud to support.
                                                                                                  on their applications, who put no                      and by rewarding the smartest guys in
                                          Also included in the Recovery Act were
                                          a number of important measures to                       money down and accepted teaser rates,                  the room who created this catastrophe
                                          provide additional funding to State                     and who withdrew all of the equity of                  with taxpayer-paid bonuses, this gov-
                                          Medicaid programs, extend health ben-                   their home to pay for stuff, don’t                     ernment is extending the agony and
                                          efits to the unemployed, and ensure                     worry, we’ll force your neighbor to pay                postponing the day when the market
                                          proper investment into health informa-                  your mortgage.                                         will bottom out and home buyers can
                                                                                                    They’re watching as this government                  safely re-enter the housing market.
                                          tion technology so that we can achieve
                                                                                                  says to lenders like AIG who know-                       Madam Speaker, I take great hope
                                          higher quality care with greater effi-
                                                                                                  ingly made loans to people they knew                   from the public’s response to Arm-
                                          ciency.
                                            As recently as last week, President                   couldn’t afford them, who made mil-                    strong and Getty’s invitation to pro-
                                          Obama signed an executive order lift-                   lions creating the housing bubble,                     test the mortgage bailouts. It means
                                          ing the ban on Federal funding for em-                  don’t worry, we’ll cover your million                  that the American spirit is not dead,
                                          bryonic stem cell research, an act, I be-               dollar bonuses with taxpayer money.                    that there are still millions of Ameri-
                                          lieve, will fundamentally alter the                       But the families who sent in these                   cans who believe in individual respon-
                                          course of science and medicine in the                   postcards keep making their payments,                  sibility and integrity. And even if such
                                          same manner as did the discovery of                     many eating into their savings, fore-                  people are in short supply in Wash-
                                          the first vaccine or X-rays or other sig-               going vacations, postponing retire-                    ington today, they still comprise the
                                          nificant medical discoveries.                           ments, turning down consumer pur-                      vast majority of our Nation, and that
                                            We have made amazing strides in a                     chases because they stand by their                     great silent majority is fast tiring of
                                          short period of time, but there is obvi-                word. These are the families that                      remaining silent.
                                          ously so much more work to be done. I                   turned down the opportunity to flip                                      f
                                          believe it is incumbent upon us, as pol-                that house, to make that quick for-
                                                                                                  tune, to cash in on their equity for a                                 CENSUS
                                          icymakers, to offer a new vision for
                                          health care in America, one that con-                   second home or a boat they couldn’t af-                  The SPEAKER pro tempore. The
                                          tains costs, improves quality, increases                ford. They are the 92 percent of bor-                  Chair recognizes the gentleman from
                                          efficiency, promotes wellness, guaran-                  rowers who are making their mortgage                   North Carolina (Mr. MCHENRY) for 5
                                          tees universal coverage, and encour-                    payments, despite all of the incentives                minutes.
                                          ages investment in treatments and                       that this administration’s offering                      Mr. MCHENRY. Madam Speaker, to-
                                          cures for the 21st century.                             them to stop. And these postcards are                  morrow the President’s nominee for
                                            Madam Speaker, I look forward to                      eloquent testimony to their resent-                    Commerce Secretary will have his con-
                                          working with my colleagues in Con-                      ment at being required to bail out the                 firmation hearing in the Senate.
                                          gress, the President, health care pro-                  banks and the borrowers who created                      Gary Locke, the former Governor of
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                                          viders, community advocates, business                   the housing bubble, who caused the                     Washington State, is the third nominee
                                          leaders, families, and patients across                  credit collapse, and who now are being                 for this Cabinet position. As you recall,
                                          the country to find real solutions that                 subsidized, bailed out, and lavished                   the second nominee, Senator JUDD
                                          permanently address the longstanding                    with multi-million dollar bonuses paid                 GREGG, withdrew his name from con-
                                          need to health reform in America.                       for with our tax money.                                sideration.



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                 H3443
                                            Senator GREGG objected to the Presi-                    PRESENTING A PROPER BUDGET                             It raises taxes on all Americans by
                                          dent’s intention to move control of the                              FOR AMERICA                               $1.4 trillion over the next decade. It
                                          Census Bureau from the Commerce De-                       The SPEAKER pro tempore. The                         raises taxes on 3.2 million taxpayers by
                                          partment into the White House. This                     Chair recognizes the gentleman from                    an average of $300,000 over the next
                                          unprecedented move to politicize the                    California (Mr. DANIEL E. LUNGREN) for                 decade.
                                          2010 Decennial Census has met with                      5 minutes.                                               The President said look, he is going
                                          strong opposition from across the po-                     Mr. DANIEL E. LUNGREN of Cali-                       to raise taxes on the rich, but 95 per-
                                          litical spectrum. The Obama adminis-                    fornia. Madam Speaker, just a few mo-                  cent of Americans are going to get a
                                          tration has since backtracked and at-                   ments ago the President of the United                  better deal. Well, guess what? His cap-
                                          tempted to downplay its role regarding                  States made a press statement in                       and-trade plan, if adopted, is a cap-and-
                                          the census. To his credit, Governor                     which he outlined parts of his budget                  tax plan. He calls it cap-and-trade. It
                                          Locke has expressed his intention to                    and then challenged the Republicans,                   actually is cap-and-tax, because it in-
                                          not cede control of the 2010 census to                  or those who might oppose his budget,                  creases the cost of anything basically
                                          the White House should he be con-                       to come up with alternatives. Well, let                produced by fossil fuels in America.
                                          firmed.                                                 me say in the spirit of St. Patrick, as                That means your air conditioning, that
                                            I have encouraged our colleagues in                   a great descendant of the Irish aisle, I               means your heating, that means your
                                          the Senate Commerce Committee to                        accept that challenge. I accept that                   transportation. That means it is going
                                          ask Governor Locke several important                    challenge on behalf of my colleagues                   to be placed into the cost of food being
                                          questions at tomorrow’s hearing, two                    on this side of the aisle, but also on be-             developed, of food being delivered to
                                          of which are: What would he consider                    half of my constituents.                               us. It is going to wipe out any sug-
                                          to be an inappropriate political inter-                   When I was home this weekend, I                      gested tax relief that the average fam-
                                          ference from the White House regard-                    heard from many of them. In fact, I                    ily gets, and more. And the average
                                          ing the census, and how would he re-                    continued to hear from them on the                     family uses these things as a higher
                                          spond to attempts from the White                        plane ride back from Sacramento here                   percentage of these income than do the
                                          House to exert political influence over                 to Dulles Airport. They said, please tell              rich, therefore they will be dispropor-
                                          the conduct of the census?                              the President this: Let’s get our prior-               tionately impacted.
                                                                                                  ities straight. Fix the financial system                 So, Madam Speaker, let’s look at
                                                                                                  first. Get the economy working right.
                                                            b 1045                                                                                       what the President has presented. I
                                                                                                  Then we will talk about your other                     love his melodious tones as he explains
                                            I suspect that Governor Locke’s re-                   ideas.                                                 to us he is not for more spending, he is
                                          sponses to these questions will deter-                    So I would say to the President, the
                                                                                                                                                         not for more taxes, he is not for more
                                          mine his fate in the Senate.                            better idea that I have from my con-
                                                                                                                                                         borrowing, he is not for expansion of
                                            But there is a second and equally im-                 stituents back home is set your sights
                                                                                                                                                         entitlement programs. But his budget
                                          portant point of contention and con-                    on righting the financial institutions
                                                                                                                                                         does precisely all of those things. It is
                                          troversy over the census. The statis-                   in America.
                                                                                                    Now, what we have heard from the                     a net increase in taxes on every Amer-
                                          tical adjustment of census data is pro-
                                                                                                  President by and large is well, it is                  ican. It is an increase in spending. It is
                                          hibited by Federal law. However, there
                                                                                                  somebody else’s fault. It was the fault                an increase in borrowing on my chil-
                                          are some partisans who refuse to give
                                                                                                  of the previous administration. And                    dren and my grandchildren and every-
                                          up the cause of data manipulation.
                                                                                                  there may be some truth to that. But                   one’s children and grandchildren. It is
                                          They want to manipulate the census
                                                                                                  let’s remember, for instance, with AIG                 the greatest transfer of wealth from
                                          results for political gain, for their own
                                                                                                  it was Treasury Secretary Geithner                     one generation to another in the his-
                                          political gain, and, in the process, un-
                                                                                                  who negotiated that deal with AIG. It                  tory of the United States.
                                          dermine the integrity of the country’s
                                                                                                  was this administration that allowed                     Madam Speaker, you don’t have to
                                          entire statistical system.
                                                                                                  something like $30 billion to go to AIG                dislike a President of the United States
                                            I hope that our colleagues in the Sen-
                                                                                                  just recently without any strings at-                  personally, you don’t have to dislike
                                          ate will question Governor Locke
                                                                                                  tached.                                                what he is trying to do, to dislike his
                                          about his thoughts regarding statis-
                                                                                                    Let’s focus on the situation we have                 policies, particularly if they undercut
                                          tical adjustment. Governor Locke ex-
                                                                                                  with respect to our financial institu-                 the very promises he is making, if they
                                          pressed his willingness to use adjust-
                                                                                                  tions first. The President tells us we                 undercut the very things he says we
                                          ment as an ‘‘accuracy check.’’ This
                                                                                                  have to do all these other things first.               want to do. We stand ready to join him.
                                          comment must be expanded upon for
                                                                                                  Well, as Warren Buffett said the other                 We stand ready to join him in meeting
                                          members of the Senate Commerce
                                                                                                  day, he doesn’t think Franklin Delano                  the goals that he sets up. But, Madam
                                          Committee and all interested parties.
                                                                                                  Roosevelt said on the day after Pearl                  Speaker, this budget taxes too much,
                                          Republicans and Democrats alike must
                                                                                                  Harbor, ‘‘What a great opportunity for                 spends too much, borrows too much. It
                                          truly guard the integrity of the con-
                                                                                                  us to expand government. We shouldn’t                  is in fact a repudiation of the very
                                          stitutionally-mandated census in the
                                                                                                  let this crisis be wasted.’’                           goals he has established.
                                          United States. The appropriate alloca-
                                                                                                    Let’s not listen to some around the                                    f
                                          tion of Federal funds depend upon an
                                                                                                  President who say that a crisis like
                                          accurate census.                                                                                                 THE PRESIDENT’S BUDGET AND
                                                                                                  this gives us a great opportunity to do
                                            My colleagues and I on the Census                                                                                             TAXES
                                                                                                  all of the things we have wanted to do
                                          Subcommittee, of which I am the rank-                   with respect to government. Let’s get                    The SPEAKER pro tempore. The
                                          ing member, are working to ensure                       down to the basics.                                    Chair recognizes the gentleman from
                                          that the 2010 Decennial Census is apo-                    So let’s talk about the budget that                  Illinois (Mr. SHIMKUS) for 5 minutes.
                                          litical, fair and accurate. Governor                    the President has presented to us. It                    Mr. SHIMKUS. Madam Speaker, I
                                          Locke’s confirmation should rest upon                   increases spending by $1 trillion over                 also come down to the floor to talk
                                          whether he shares this goal; a census                   the next decade. It includes an addi-                  about the President’s budget, and I am
                                          free of White House political pressure                  tional $250 billion placeholder for an-                going to focus on the issue of taxing.
                                          and partisan influence and free of ma-                  other financial bailout. It likely leads               There is one provision in the tax in-
                                          nipulation, and data manipulation in                    to a 12 percent increase in discre-                    crease of the President’s budget that is
                                          particular.                                             tionary spending. It permanently ex-                   very detrimental to our country and to
                                                                                                  pands, makes larger, the Federal Gov-                  our society, and that is the carbon tax
                                                           f
                                                                                                  ernment by nearly 3 percent of the                     aspect of this. Imagine paying more for
                                                                                                  gross domestic product over pre-reces-                 every piece of energy that you use.
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                                           MESSAGE FROM THE PRESIDENT                             sion levels. In other words, the answer                That is what this cap-and-trade, cap-
                                            A message in writing from the Presi-                  to big government and big spending                     and-tax plan will do.
                                          dent of the United States was commu-                    and big taxing and big borrowing is                      I have seen the direct result of plac-
                                          nicated to the House by Ms. Wanda                       more big government, big spending, big                 ing taxes and additional regulatory
                                          Evans, one of his secretaries.                          taxes and big borrowing.                               burdens on my congressional district in



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                                          H3444                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                          Southern Illinois. I always tell the                    guy shoots the other bad guy and says,                 has an ability to compress carbon diox-
                                          story about the 1990 amendments to                      I am taking all the money for myself.                  ide so that someday we might be able
                                          the Clean Air Act where because of                        What this cap-and-tax regime will do                 to burn coal in a way that carbon diox-
                                          Federal regulation, in this one case, in                will allow bureaucrats, it will allow us               ide doesn’t go into the air but we com-
                                          this one case, 1,200 miners lost their                  in Washington, to decide how that                      press that carbon dioxide and put it
                                          jobs.                                                   money is going to be split up, and it                  under the ground permanently so it
                                            I was told by someone who was the                     will be folks here making that deter-                  doesn’t cause global warming. They’re
                                          business manager for the United Mine                    mination. Why do you think so many                     waiting for Congress to pass a bill that
                                          Workers of America in Southern Illi-                    people are at the table? They are at the               will essentially direct the economy in
                                          nois that during 1990 he was respon-                    table because they want part of your                   that direction. They told me it’s very
                                          sible for 14,000 mine workers in South-                 tax dollars that you are going to pay                  important to have a bill that will cre-
                                          ern Illinois. After the amendments                      through higher rates to us and they                    ate a fund to be able to support the re-
                                          were passed, he then was reorganized                    want to get benefited.                                 search so that these people at MIT can
                                          into a three-State region to only bar-                    You can look across all the regimes                  help develop this and various other
                                          gain for 4,000 United Mine workers.                     that are at the table. They are at the                 technologies. The cap-and-trade bill,
                                          10,000 mine workers’ jobs were lost.                    table because they want part of that                   which I’ll talk about a little later, is a
                                            That was just in the cap-and-trade                    revenue stream. What this revenue                      bill that will do just that, to help that
                                          clean air amendments 1990s, where we                    stream will do is not only kill the fos-               technology forward.
                                          had technology to make the trans-                                                                                We talked about the Ausra Company,
                                                                                                  sil fuel of this industry, which is hun-
                                          formation. This carbon dioxide cap-                                                                            a company that just opened the first
                                                                                                  dreds of thousands of jobs and low-cost
                                          and-tax provision, we do not have the                                                                          manufacturing plant in the United
                                                                                                  power, it will make us not competitive
                                          technology available today to effect                                                                           States, commercial plant, for con-
                                                                                                  with the developing nations who are
                                          this change.                                                                                                   centrated solar energy, so you can con-
                                                                                                  using coal and having low cost power.
                                            So this is what happened. This is ac-                                                                        centrate the sun’s rays and generate
                                                                                                                    f                                    electricity. They are now hiring sev-
                                          tually a picture of mine workers who
                                          lost their jobs. This is the mine I was                    MOVING FORWARD TO A NEW                             eral hundred people in Nevada, building
                                          talking about, Peabody No. 10 in                                   ENERGY FUTURE                               these new plants, so that we can con-
                                          Kincaid, Illinois. The interesting thing                  The SPEAKER pro tempore. The                         vert the sun’s energy directly to elec-
                                          about this mine, it is very, very effi-                 Chair recognizes the gentleman from                    tricity, and they were very excited
                                          cient in that the mine was right across                 Washington (Mr. INSLEE) for 5 minutes.                 about that technology.
                                                                                                                                                           I met up there the leader of A123 Bat-
                                          the street from the power plant, so you                   Mr. INSLEE. Madam Speaker, last
                                                                                                                                                         tery Company. At A123 Battery, they
                                          saved on the transportation costs,                      week I had two very exciting meetings
                                                                                                                                                         make lithium ion batteries that can
                                          whether that be the trucks or that                      with people who have some insights
                                                                                                                                                         power plug-in hybrid cars and ulti-
                                          would be the rail applications. There                   about how we can move forward to use                   mately all electric cars using lithium
                                          was a little conveyor belt going across                 a new energy future to really revive                   ion. The beauty of this, of course, is
                                          the road to the power plant. This mine                  our economy, and I thought I would                     that if you use electricity, you don’t
                                          was closed down. These miners lost                      take a couple of moments to advise my                  have to import gasoline from Saudi
                                          their jobs.                                             colleagues about these meetings. I                     Arabia, you don’t have to wrap your-
                                            Now, under the new regime of the                      thought they would be interested in                    self around that national security
                                          President’s bill that taxes too much, he                them.                                                  threat, and you can use electricity
                                          proposes additional taxation of $686 bil-                 First, I met some absolutely brilliant               rather than oil. But they told me
                                          lion through a carbon tax. This carbon                  people up in Boston area at the MIT,                   they’re waiting for a signal from Con-
                                          tax will be passed on to everybody who                  Massachusetts Institute of Technology,                 gress to move toward electricity in our
                                          uses fossil fuels in America.                           Energy Club. This is a club of graduate                cars. Now we started that in the stim-
                                            You might say, I don’t want to use                    and post-graduate students who have                    ulus bill to help them, but now we need
                                          fossil fuels. It is like the story where                come together to organize themselves                   to move forward to have a bill to essen-
                                          the individual says I don’t like coal, I                to try to promote ideas about how to                   tially regulate carbon dioxide so we
                                          don’t like nuclear power, I don’t like                  build a new, clean energy future for the               can have another signal to industry to
                                          hydroelectric. I like electricity. The                  country.                                               start moving to electric cars.
                                          problem with this is 50 percent of all                    These are brilliant people, post-grad-                 We talked about a company called
                                          electricity, even the electricity that                  uates in chemistry, electrical engineer-               the Sapphire Energy Company. The
                                          lights this Chamber, is produced by                     ing, mechanical engineering. These are                 Sapphire Energy Company just started
                                          coal-based electricity generation. The                  really some of the creme de la creme of                construction of ponds—and this will
                                          power plant just down the road two                      our young geniuses coming up who can                   sound like science fiction but it’s
                                          blocks from here is a coal-fired power                  help build our new economy. It was fas-                real—ponds where you can grow algae
                                          plant. Fifty percent.                                   cinating to me, because these were peo-                and the algae takes the sun’s energy
                                            If you put additional taxation on                     ple who were tremendously optimistic                   and turns it into lipids and then you
                                          that fossil fuel, that cost will be passed              even in these tough times about the                    essentially press it and you get fuel
                                          on to the individuals and the con-                      ability to grow the U.S. economy, if we                that you make gasoline out of. So we
                                          sumers. This is the worst time to real-                 will get serious about promoting the                   can use algae to essentially eat carbon
                                          ly attack our economy through addi-                     future of new energy technologies.                     dioxide out of our coal-fired plants and
                                          tional taxation, because of the eco-                                                                           then use it to make a liquid auto-
                                          nomic slowdown, the economic reces-                                     b 1100
                                                                                                                                                         mobile fuel that’s chemically indistin-
                                          sion, the competitive nature of the                       I am convinced after meeting these                   guishable for gasoline. Pretty exciting
                                          world. If we not only put a challenge to                relatively young people that we’ve got                 company.
                                          our use of fossil fuels in this country,                a bright future in our economy if we                     We talked about the AltaRock Com-
                                          not only coal, natural gas as a fossil                  can     unleash   these    intellectual                pany. The AltaRock Company is a com-
                                          fuel, gasoline as a fossil fuel, esti-                  geniuses. They told me that they were                  pany, again up in the State of Wash-
                                          mations of the last cap-and-trade bills                 waiting for a signal from Washington,                  ington, which is trying to commer-
                                          are 50 cents additional to the cost of a                DC, that we were really going to em-                   cialize what we call engineered geo-
                                          gallon of gas.                                          brace these new technologies; and they                 thermal, where you can poke a hole
                                            Where does that money go to when                      told me about some of these new tech-                  down in the Earth, you pump water
                                          we collect it? There is an old story.                   nologies that they’re fascinated in. I                 down there, it collects to a 300-degree
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                                          When the bank robbers rob a bank and                    thought I would share some of them                     temperature, you bring it up, generate
                                          they get away to their hideaway and                     today.                                                 steam and make electricity. Again,
                                          they put the loot on the table, what                      They told me about a technology                      zero CO2.
                                          happens? That is when you have the                      company called Ramgen, a company                         These companies are waiting for a
                                          fights break out. That is when one bad                  out in my State of Washington, that                    signal from Congress, the cap-and-



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                 H3445
                                          trade bill, and we’re going to try and                    The President’s budget simply taxes                  atives—two children, daughter-in-law,
                                          get it through this year.                               too much. And as I explain the metes                   current wife, his ex-wife, ex-wife’s par-
                                                           f                                      and bounds in this budget today, the                   ents, sister and brother-in-law—pro-
                                                                                                  outrage about AIG’s bonuses, the out-                  vided $1.5 million in political contribu-
                                             REGARDING THE PRESIDENT’S                            rage about bailouts has suddenly met                   tions from 2000 to 2008. Now if you look
                                                   BUDGET PROPOSAL                                its match. I think the more the Amer-                  at some of the occupations listed by
                                            The SPEAKER pro tempore. The                          ican people look at this administra-                   some of those who were giving $100,000
                                          Chair recognizes the gentleman from                     tion’s budget, the more they know we                   over just a couple of years—school
                                          Indiana (Mr. PENCE) for 3 minutes.                      can do better, and we must do better.                  teacher, police sergeant, homemaker—
                                            Mr. PENCE. Madam Speaker, I rise                      It’s time for this Congress to embrace                 does that not raise somebody’s antenna
                                          today in the midst of an enormous                       the principles of fiscal restraint and                 that something might be amiss here?
                                          amount of national outrage. I sensed it                 policies that will get America growing                   We can’t simply let the Justice De-
                                          yesterday when I was in Anderson, In-                   again, and Republicans are prepared to                 partment’s investigation dictate what
                                          diana, meeting with my constituents,                    bring those ideas forward.                             we do here in the House. We should
                                          meeting with small business leaders at                                    f                                    move forward ourselves. We shouldn’t
                                          a forum. Now much in the media today
                                                                                                      CONGRESSIONAL EARMARKS                             say that whether or not you can be in-
                                          is focused on the frustration over a
                                                                                                                                                         dicted or convicted should be the
                                          large business, specifically AIG, that                    The SPEAKER pro tempore. The                         standard that we uphold here in the
                                          received tens of billions of dollars in                 Chair recognizes the gentleman from                    House to uphold the dignity and deco-
                                          taxpayer money and now has been busy                    Arizona (Mr. FLAKE) for 3 minutes.
                                          paying bonuses with it to the tune of                                                                          rum of this body. Madam Speaker, this
                                                                                                    Mr. FLAKE. Madam Speaker, a little
                                          over $150 million and has been passing                                                                         body, this Congress, deserves better
                                                                                                  later today, I will bring another privi-
                                          out that money to foreign corpora-                                                                             than that. That’s why I hope that we
                                                                                                  leged resolution to the floor asking for
                                          tions. That outrage is very real and I                                                                         will actually ask this time the Ethics
                                                                                                  the Ethics Committee to look into the
                                          agree with it. The American people are                  relationship between earmarks and                      Committee to investigate this matter.
                                          tired of bailouts. I voted against the                  campaign contributions. This will be                                     f
                                          Wall Street bailout last fall, defied a                 the fourth one that has been offered.                    THE BUDGET TAXES TOO MUCH
                                          President of my own party, because I                    Each time these have been tabled and                     The SPEAKER pro tempore. The
                                          simply believe we can’t borrow and                      we haven’t instructed the Ethics Com-                  Chair recognizes the gentlewoman from
                                          spend and bail our way back to a grow-                  mittee to look into this. I hope that                  Tennessee (Mrs. BLACKBURN) for 33⁄4
                                          ing America. And it seems that much                     that changes.                                          minutes.
                                          of the public has now come to the con-                    Several years ago, we had a scandal
                                                                                                                                                           Mrs. BLACKBURN. I thank the
                                          clusion that this notion that we can                    involving earmarks, the Jack Abramoff
                                                                                                                                                         Speaker.
                                          bail out every failing business in the                  scandal. Mr. Abramoff now sits in Fed-                   Madam Speaker, I rise today to talk
                                          country is a deeply flawed notion. But                  eral prison. Some staff members and
                                                                                                                                                         a little bit about the budget issues that
                                          I also heard an enormous amount of                      lobbyists and others also were impli-
                                                                                                                                                         are before us and about how we are
                                          outrage in my district yesterday about                  cated in that scandal. The leadership
                                                                                                                                                         spending too much, we’re borrowing
                                          this administration’s budget.                           at that time was slow to recognize the
                                            The truth is the more the American                                                                           too much and we’re taxing too much.
                                                                                                  scandal that was there, and I would say
                                          people look at the President’s budget                                                                          Recently one of my constituents came
                                                                                                  today that the leadership is also slow
                                          plan, the more they realize that it                                                                            up and she had a child in her arms. It
                                                                                                  to recognize what is going on here.
                                          spends too much, it taxes too much,                                                                            was her 6-month-old grandchild. She
                                                                                                  There are investigations going on
                                          and it borrows too much, and we have                                                                           looked at me and she said, Marsha, you
                                                                                                  around us. The Department of Justice
                                          to do better.                                                                                                  know, it makes me really angry when
                                                                                                  is investigating—we know this from
                                            I heard yesterday from a constituent                  various press reports—the relationship                 you all spend money that I haven’t
                                          by the name of Ted Fiock, who runs                      between earmarks and campaign con-                     made, but when Congress is spending
                                          and owns Anderson Tool and Engineer-                    tributions.                                            money that this grandbaby has not
                                          ing Company. He talked about the in-                      Let me just read a few of the whereas                made, it just absolutely infuriates me.
                                          creasing cost in his business, saying,                  clauses from the resolution that will be               It makes me want to come to Wash-
                                          ‘‘The cost burden is just insane right                  introduced later today. This one is a                  ington and knock on the doors of the
                                          now. We’re not doing well. We’re strug-                 little more specific. The first resolu-                Members of Congress and say, What are
                                          gling. We’re in a survival mode right                   tion that was introduced had to do just                you doing to this child’s future?
                                          now.’’ You can imagine his frustration                  with earmarks and campaign contribu-                     Madam Speaker, that is what our
                                          and even, I would perceive, outrage                     tions in general. The second one had to                constituents are saying when they look
                                          when I explained to him that 50 percent                 do with earmarks related to the PMA                    at this budget proposal that contains
                                          of the Americans who will be paying                     Group. The next one just with ear-                     the largest tax increase in history, $1.4
                                          higher taxes under the President’s                      marks related to the PMA Group for                     trillion, over a 10-year period of time.
                                          budget are actually small business                      FY09 defense spending. This one has to                 Now some of my constituents have
                                          owners just like him. The President                     do specifically with the head of PMA,                  said, where do they get this money?
                                          said it would just affect Americans who                 Mr. Magliocchetti, whom we were told                   Where does this come from and what
                                          make more than $250,000 a year, but ac-                 had his home raided by the FBI a while                 are they taxing to come up with $1.4
                                          cording to the most reasonable esti-                    ago. Keep in mind that the PMA Group                   trillion? Well, I want to talk a second
                                          mates, more than 50 percent of the                      was a lobbying firm, a powerhouse lob-                 about the cap-and-tax proposal that
                                          Americans that file taxes over that                     bying firm, that over a period of 8                    the President and the administration
                                          amount are actually small business                      years collected more than $100 million                 has brought forward. I want to use a
                                          owners just like Ted filing as individ-                 in fees from its clients, mostly for                   quote that the President made in an
                                          uals. Raising taxes on small businesses,                seeking earmarks from this Congress.                   editorial board with the San Francisco
                                          especially during these difficult eco-                  Yet when the news came that the FBI                    Chronicle in January 2008. It said under
                                          nomic times, is not a prescription for                  was investigating and had raided the                   my plan of a cap-and-trade system,
                                          recovery. It’s a prescription for eco-                  office, that firm, that I believe brought              electricity rates would necessarily sky-
                                          nomic decline. I also shared with Ted                   in about $17 million last year alone in                rocket. That will cost money. That will
                                          and others the President’s plan, the so-                revenue, imploded, within a week. By                   pass the money on to consumers.
                                          called cap-and-trade energy tax. Under                  the end of this month it will be com-                    That was in January 2008. What we
                                          the administration’s budget, there                      pletely gone, dissolved. And when you                  see is, yes, electricity rates will go up.
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                                          would be a new energy tax that could                    read some of allegations that are going                Every time an individual flips on a
                                          cost every household, let alone every                   around in the press, you don’t wonder                  light switch, every time they punch
                                          business, up to $3,128 a year for using                 why.                                                   the brew button on their coffee maker,
                                          electricity, driving a car, relying on                    CQ Today reported recently that Mr.                  every time they turn on their com-
                                          energy in any way.                                      Magliocchetti and nine of his rel-                     puter, it is going to cost them more



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                                          H3446                                             CONGRESSIONAL RECORD — HOUSE                                                         March 17, 2009
                                          money, every single time, to the tune                   lic for which it stands, one nation under God,         that federal prosecutors are ‘‘looking into
                                          of $3,128 per family per year. That is                  indivisible, with liberty and justice for all.         the possibility’’ that he ‘‘may have funneled
                                          what we are beginning to see. This is                                     f                                    bogus campaign contributions’’ to members
                                                                                                                                                         of Congress. (The Hill, February 20, 2009; The
                                          going to increase your cost of doing                         CONCERNS OVER AIG BONUSES                         Washington Post, February 14, 2009; The New
                                          business in your home every single day                                                                         York Times, February 11, 2009)
                                          of living, that maintenance of life that                  (Mr. BUTTERFIELD asked and was                          Whereas, Roll Call reported on ‘‘the sus-
                                          we all go through.                                      given permission to address the House                  picious pattern of giving established by two
                                            We’re very concerned about this part                  for 1 minute.)                                         Floridians who joined [the firm’s] board of
                                          of the proposal, the cap-and-tax. It is                   Mr. BUTTERFIELD. Mr. Speaker,                        directors in 2006’’ and who, with ‘‘no previous
                                                                                                  like most Americans, I am deeply out-                  political profile . . . made more than $160,000
                                          part of the $1.4 trillion increase.
                                                                                                                                                         in campaign contributions over a three-year
                                            With that, Madam Speaker, I yield                     raged this morning that while millions                 period’’ and ‘‘generally contributed the same
                                          back my time, and I thank you for                       of people suffer through this difficult                amount to the same candidate on the same
                                          yielding the time.                                      economy, AIG executives are seeking                    days.’’ (Roll Call, February 20, 2009)
                                                           f                                      to take $165 million in bonus pay. The                    Whereas, The Hill also reported that ‘‘the
                                                                                                  scope and depth of this waste and greed                embattled defense lobbyist who led the FBI-
                                                          RECESS                                  are just shocking and unjustifiable. It                raided [firm] has entered into a Florida-
                                                                                                                                                         based business with two associates whose po-
                                            The SPEAKER pro tempore. Pursu-                       is beyond my imagination that they
                                                                                                                                                         litical donations have come into question’’
                                          ant to clause 12(a) of rule I, the Chair                would do that.                                         and is listed in corporate records as being an
                                          declares the House in recess until noon                   Mr. Speaker, I represent a district in               executive with them in a restaurant busi-
                                          today.                                                  North Carolina where the median                        ness. (The Hill, February 17, 2009)
                                            Accordingly (at 11 o’clock and 14                     household income is just a little bit                     Whereas, Roll Call also reported that it
                                                                                                  more than $30,000 per year. These                      had located tens of thousands of dollars of
                                          minutes a.m.), the House stood in re-                                                                          donations linked to the firm that ‘‘are im-
                                          cess until noon.                                        Americans must work extremely hard
                                                                                                                                                         properly reported in the FEC database.’’
                                                                                                  every day just to meet their obliga-
                                                           f                                                                                             (Roll Call, February 20, 2009)
                                                                                                  tions.                                                    Whereas, CQ Today recently reported that
                                                                b 1200                              It is patently unfair that hard-                     Mr. Magliocchetti and ‘‘nine of his rel-
                                                                                                  working Americans could be asked to                    atives—two children, his daughter-in-law,
                                                     AFTER RECESS                                 work harder to pay more taxes that are                 his current wife, his ex-wife and his ex-wife’s
                                            The recess having expired, the House                  needed simply to provide AIG execu-                    parents, sister, and brother-in-law’’ provided
                                                                                                  tives with multimillion-dollar bonuses.                ‘‘$1.5 million in political contributions from
                                          was called to order by the Speaker pro
                                                                                                                                                         2000 through 2008 as the lobbyist’s now-em-
                                          tempore (Mr. BLUMENAUER) at noon.                       It is patently unfair.                                 battled firm helped clients win billions of
                                                           f                                        I encourage this body and President                  dollars in federal contracts,’’ with the major-
                                                                                                  Barack Obama to take every avenue                      ity of the family members contributing in
                                                          PRAYER                                  possible to stop these bonuses or, if                  excess of $100,000 in that timeframe. (CQ
                                            The Chaplain, the Reverend Daniel P.                  they are legally unstoppable, to tax                   Today, March 12, 2009)
                                                                                                  them beyond belief.                                       Whereas, CQ Today also noted that ‘‘all
                                          Coughlin, offered the following prayer:                                                                        but one of the family members were recorded
                                            Lord God Almighty, Creator of all                                       f                                    as working for [the firm] in campaign fi-
                                          things great and small, the ancient                     NOTICE OF INTENTION TO OFFER                           nance reports, and most also were listed as
                                          Celtic people took such joy in nature’s                   RESOLUTION RAISING A QUES-                           having other employers’’ and with other oc-
                                          secrets as well as its beauty. They                                                                            cupations such as assistant ticket director
                                                                                                    TION OF THE PRIVILEGES OF                            for a Class A baseball team, a school teacher,
                                          found Your presence in every spring,                      THE HOUSE
                                          every lake, forest and glen. Each was a                                                                        a police sergeant, and a homemaker. (CQ
                                                                                                    Mr. FLAKE. Mr. Speaker, pursuant                     Today, March 12, 2009)
                                          sanctuary where prayer came easily,                                                                               Whereas, in addition to reports of allega-
                                          and the poetry of creation became a                     to clause 2(a)(1) of rule IX, I hereby no-             tions related to reimbursing employees and
                                          spark of Your own Divine light.                         tify the House of my intention to offer                the concerning patterns of contributions of
                                            Be with Congress today. Bless its as-                 a resolution as a question of the privi-               business associates and board members, ABC
                                          pirations and its work. Be close to this                leges of the House.                                    News reported that some former clients of
                                          Nation, and intimately present to its                     The form of my resolution is as fol-                 the firm ‘‘have complained of being pres-
                                                                                                  lows:                                                  sured by [the firm’s] lobbyists to write
                                          people.                                                                                                        checks for politicians they either had no in-
                                            In the midst of anxieties, busy work,                    Whereas, Mr. Paul Magliocchetti, a former
                                                                                                                                                         terest in or openly opposed.’’ (ABC News The
                                          and grave responsibilities, grant them                  Appropriations Committee staffer, founded a
                                                                                                                                                         Blotter, March 4, 2009)
                                          a moment to be touched by Your glo-                     prominent lobbying firm specializing in ob-               Whereas, Roll Call has taken note of the
                                                                                                  taining defense earmarks for its clients and           timing of contributions from employees of
                                          rious creation so they, too, find praise                whose offices—along with the home of the
                                          on their lips and joy in their hearts for                                                                      Mr. Magliocchetti’s firm and its clients when
                                                                                                  founder—were recently raided by the FBI.               it reported that they ‘‘have provided thou-
                                          another day, and a sense of Your eter-                     Whereas, the lobbying firm has shuttered            sands of dollars worth of campaign contribu-
                                          nal goodness.                                           its political action committee and is sched-           tions to key Members in close proximity to
                                            Amen.                                                 uled to cease operations at the end of the             legislative activity, such as the deadline for
                                                                                                  month but, according to the New York                   earmark request letters or passage of a
                                                           f
                                                                                                  Times, ‘‘not before leaving a detailed blue-           spending bill.’’ (Roll Call, March 3, 2009)
                                                      THE JOURNAL                                 print of how the political money churn                    Whereas, reports of the firm’s success in
                                                                                                  works in Congress’’ and amid multiple press            obtaining earmarks for their clients are
                                            The SPEAKER pro tempore. The                          reports that its founder is the focus of a Jus-        widespread, with CQ Today reporting that
                                          Chair has examined the Journal of the                   tice Department investigation. (The New                ‘‘104 House members got earmarks for
                                          last day’s proceedings and announces                    York Times, February 20, 2009)                         projects sought by [clients of the firm] in the
                                          to the House his approval thereof.                         Whereas, CQ Today noted that the firm has           2008 defense appropriations bills,’’ and that
                                            Pursuant to clause 1, rule I, the Jour-               ‘‘charged $107 million in lobbying fees from           87 percent of this bipartisan group of Mem-
                                          nal stands approved.                                    2000 through 2008’’ and estimates of political         bers received campaign contributions from
                                                                                                  giving by the raided firm have varied in the           the raided firm. (CQ Today, February 19,
                                                           f                                      press, with The Hill reporting that the firm           2009)
                                                                                                  has given $3.4 million to no less than 284                Whereas, clients of Mr. Magliocchetti’s
                                                PLEDGE OF ALLEGIANCE                              members of Congress. (CQ Today, March 12,              firm received at least three hundred million
                                            The SPEAKER pro tempore. Will the                     2009; The Hill, March 4, 2009)                         dollars worth of earmarks in fiscal year 2009
                                          gentleman from Georgia (Mr. KING-                          Whereas, The Hill reported that Mr.                 appropriations legislation, including several
                                          STON) come forward and lead the House                   Magliocchetti is ‘‘under investigation for             that were approved even after news of the
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                                                                                                  [the firm’s] campaign donations,’’ the Wash-           FBI raid and Justice Department investiga-
                                          in the Pledge of Allegiance.
                                                                                                  ington Post highlighted the fact that federal          tion into the firm and its founder was well
                                            Mr. KINGSTON led the Pledge of Al-                    investigators are ‘‘focused on allegations’’           known.
                                          legiance as follows:                                    that he ‘‘may have reimbursed some of his                 Whereas, the Chicago Tribune noted that
                                           I pledge allegiance to the Flag of the                 staff to cover contributions made in their             the ties between a senior House Appropria-
                                          United States of America, and to the Repub-             names . . .,’’ and the New York Times noted            tions     Committee      member      and    Mr.




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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                 H3447
                                          Magliocchetti’s firm ‘‘reflect a culture of               Let us contrast that with how Amer-                  have already expressed very strong
                                          pay-to-play in Washington.’’ and ABC News               ican auto workers are treated when                     concerns.
                                          indicated that ‘‘the firm’s operations—mil-             General Motors or Chrysler need bridge                   The government broke these soldiers
                                          lions out to lawmakers, hundreds of millions
                                          back in earmarks for clients—have made it,
                                                                                                  loans from the government. They are                    in battles across World War II, Korea,
                                          for many observers, the poster child for tacit          told that they make too much money                     Vietnam, Iraq, and Afghanistan. We,
                                          ‘‘pay-to-play’’ politics . . .’’ (Chicago Trib-         and that their contracts are killing the               the citizens of America, owe veterans
                                          une, March 2, 2009; ABC News The Blotter,               companies, and that they must take                     care through our government. Veterans
                                          March 4, 2009)                                          less or else the Federal Government                    should not depend on private insurance
                                             Whereas Roll Call has reported that ‘‘a              will let the companies die.                            companies who bear no moral bond to
                                          handful of lawmakers had already begun to                 So let’s get this straight; AIG em-                  soldiers or their pain.
                                          refund donations tied to’’ the firm ‘‘at the
                                          center of a federal probe . . .’’ (Roll Call,           ployees, who helped implode the econ-                    One of President Washington’s first
                                          February 23, 2009)                                      omy, are given bonuses with taxpayers’                 missions was to care for veterans.
                                             Whereas, the persistent media attention              money because it’s in their contract,                  President Lincoln promised ‘‘to care
                                          focused on questions about the nature and               while UAW workers whose companies                      for him who bore the brunt of battle,
                                          timing of campaign contributions related to             were badly hurt by the economic melt-                  his widow and his orphan.’’
                                          Mr. Magliocchetti, as well as reports of the            down—partially caused by AIG—are                         President Obama eloquently portrays
                                          Justice Department conducting research on
                                          earmarks and campaign contributions, raise
                                                                                                  told that their contracts must be dis-                 Lincoln as his hero, and it is clear
                                          concern about the integrity of Congressional            regarded or renegotiated. That is a                    what Lincoln would advise today.
                                          proceedings and the dignity of the institu-             vivid example of the double standard                     Care for our veterans, Mr. President.
                                          tion.                                                   where people who work on Wall Street                   Private companies owe them very lit-
                                             Whereas, the fact that cases are being in-           get their contracts upheld, but people                 tle. We, the American people and our
                                          vestigated by the Justice Department does               who work on the line, it doesn’t mat-                  Federal Government, owe them every-
                                          not preclude the Committee on Standards                 ter, and let them eat cake. This is                    thing.
                                          from taking investigative steps: Now, there-
                                          fore, be it                                             wrong, Mr. Speaker.                                                      f
                                             Resolved, That                                                         f
                                             (a) The Committee on Standards of Official                                                                                    b 1215
                                          Conduct, or a subcommittee of the com-                  RESPONSIBLE CORPORATE EXECU-
                                                                                                    TIVE COMPENSATION ACT OF                              DISCRIMINATION IS STILL ALIVE
                                          mittee designated by the committee and its
                                          members appointed by the chairman and                     2009                                                                AND WELL
                                          ranking member, shall immediately begin an                (Mr. DINGELL asked and was given                       (Mr. KAGEN asked and was given
                                          investigation into the relationship between                                                                    permission to address the House for 1
                                          the source and timing of past campaign con-
                                                                                                  permission to address the House for 1
                                                                                                  minute and to revise and extend his re-                minute.)
                                          tributions to Members of the House related
                                                                                                  marks.)                                                  Mr. KAGEN. Mr. Speaker, discrimi-
                                          to the founder of the raided firm and ear-
                                          mark requests made by Members of the                      Mr. DINGELL. Mr. Speaker, like ev-                   nation is alive and well all across
                                          House on behalf of clients of the raided firm.          erybody else in this Chamber, I am out-                America. You may not have heard
                                             (b) The Committee on Standards of Official           raged about AIG. They got $170 billion                 about it on the radio or seen it on tele-
                                          Conduct shall submit a report of its findings           in taxpayer funds to bail them out of a                vision, but it’s still alive and well. You
                                          to the House of Representatives within 2                                                                       won’t see it on television because dis-
                                          months after the date of adoption of the res-           situation which was largely of their
                                                                                                  own creation. And they then made it                    crimination today is beneath the skin,
                                          olution,
                                                                                                  worse by giving $165 million in bonuses                beneath the skin of our entire society,
                                            The SPEAKER pro tempore. Under                                                                               as insurance companies, omnipotent as
                                          rule IX, a resolution offered from the                  to people who had participated in the
                                                                                                  outrage about which all Americans are                  they are, continue to discriminate
                                          floor by a Member other than the ma-                                                                           based on the preexisting condition of a
                                          jority leader or the minority leader as                 so infuriated.
                                                                                                    The Federal Government is trying to                  citizen.
                                          a question of the privileges of the                                                                              These insurance companies no longer
                                          House has immediate precedence only                     save this corporation because it’s too
                                                                                                  big to fail, but we don’t have to save a               discriminate on the basis of skin color.
                                          at a time designated by the Chair with-                                                                        Rather, they discriminate against
                                          in 2 legislative days after the resolu-                 bunch of money-grubbing rascals who
                                                                                                  had a part in the collapse of our econ-                women because of the calcium, or the
                                          tion is properly noticed.                                                                                      lack of it, in their bones. They dis-
                                            Pending that designation, the form of                 omy, which they helped to bring about.
                                                                                                    I am introducing a bill today which                  criminate against people who may have
                                          the resolution noticed by the gen-
                                                                                                  is going to address the problem. It is                 coronary artery disease or any of a
                                          tleman from Arizona will appear in the
                                                                                                  entitled, the ‘‘Responsible Corporate                  number of medical conditions.
                                          RECORD at this point.
                                            The Chair will not at this point de-                  Executive Compensation Act of 2009.’’                    The lessons of both my profession
                                          termine whether the resolution con-                     It will impose a 95 percent tax on bo-                 and my faith have made it clear: We
                                          stitutes a question of privilege. That                  nuses paid to employees of TARP re-                    are all really the same beneath our
                                          determination will be made at the time                  cipients.                                              skin. We’re all made of the same clay.
                                          designated for consideration of the res-                  I urge my colleagues to cosponsor                    And 40 years after the civil rights
                                          olution.                                                this bill and help make certain that                   movement has established that all citi-
                                                                                                  hardworking Americans are not the                      zens of any color shall be able to drink
                                                           f
                                                                                                  only ones who have to sacrifice during                 from the same water fountain, sit on
                                             WHAT’S GOOD FOR DETROIT IS                           this time of severe economic stress and                the same bus, and attend the same
                                                GOOD FOR WALL STREET                              uncertainty.                                           medical clinic, our Nation still remains
                                            (Mrs. MILLER of Michigan asked and                                      f                                    divided, not by skin color but by skin
                                          was given permission to address the                                                                            chemistry.
                                          House for 1 minute and to revise and                          WE OWE OUR VETERANS                                Mr. Speaker, it’s time we bring an
                                          extend her remarks.)                                                 EVERYTHING                                end to discrimination in health care.
                                            Mrs. MILLER of Michigan. Mr.                            (Mr. KIRK asked and was given per-                                     f
                                          Speaker, this week, we saw the latest                   mission to address the House for 1
                                          outrage from Wall Street when it was                    minute and to revise and extend his re-                    THE FLOGGING OF GRANDMA
                                          exposed that AIG paid out hundreds of                   marks.)                                                  (Mr. POE of Texas asked and was
                                          millions of dollars in bonuses, much of                   Mr. KIRK. Mr. Speaker, last week                     given permission to address the House
                                          which went to workers in the division                   the administration announced plans for                 for 1 minute.)
                                          that helped actually cause the eco-                     veterans to rely on private insurance                    Mr. POE of Texas. Mr. Speaker, last
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                                          nomic meltdown, and all with tax-                       company payments for the treatment                     week was International Women’s Day
                                          payers’ money. The excuse we are                        of their war wounds. The American Le-                  to proclaim human rights for all
                                          given is that those are contractual ob-                 gion’s Commander Rehbein and the                       women.
                                          ligations and they must be paid, and                    Iraq and Afghanistan Veterans of                         Obviously, Saudi Arabia didn’t get
                                          we are supposed to just accept that.                    America Executive Director Reickhoff                   the memo. In the name of religion, the



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                                          H3448                                             CONGRESSIONAL RECORD — HOUSE                                                     March 17, 2009
                                          official Muslim religious police ar-                    above-type person. We need a diversity                   Mr. BUCHANAN. Mr. Speaker, the
                                          rested a 75-year-old woman for accept-                  of energy sources. But we will not be                  American people were outraged yester-
                                          ing bread from two young men. The                       carbon free for generations. Our need                  day, and with good reason, when they
                                          crime: She had the arrogance to be                      for plastics, fertilizers, lubricants, and             learned that the bonuses of $165 million
                                          with males who were not blood kin.                      fuels so dictates.                                     were going to executives at AIG, an in-
                                            To the religious police in Saudi Ara-                   So given the fact that we’re not                     surance company. They are the very
                                          bia, her behavior cannot be tolerated.                  going to be carbon free, it seems like                 executives who drove the company to
                                          So the 75-year-old woman was hauled                     domestic energy production should be                   the ground and helped create the eco-
                                          off to court, and a judge ordered her to                encouraged. If we’ve got to have some-                 nomic problems we’re facing today. In-
                                          receive, get this, 40 lashes and 4                      thing, it’s better for us to buy it from               stead of getting bonuses, they should
                                          months in jail with deportation to fol-                 ourselves, for our workers, for the                    be fired.
                                          low. And the two boys who were kind                     money to stay here.                                      AIG is now 80 percent owned by the
                                          to her by giving her bread: lashes and                    In Louisiana alone, my home State,                   Federal Government, which is the
                                          prison for them too.                                    oil and gas production in the petro-                   American people. This is an outrageous
                                            The official Muslim religious police                  chemical industry employs 320,000 peo-                 injustice at taxpayers’ expense.
                                          are feared by women in Saudi Arabia                     ple. They work as welders, pipe-fitters,                 I have been in business 30 years. We
                                          because they enter homes to enforce                     on barges, engineers. Countless small                  always pay for results, proven results,
                                          dress codes, prayer times, and segrega-                 businesses with another 100,000 or so                  in this case something that would be a
                                          tion of the sexes. Flogging women in                    workers. Yet the President’s budget                    return to the American people. But
                                          the name of religion for accepting                      contains at least eight separate tax                   that hasn’t happened. This rewards
                                          bread from young men seems to be                        hikes specifically targeting domestic                  greed and recklessness.
                                          anti-social action and contrary to basic                oil and gas production.                                  AIG recently reported in a 2008
                                          human rights.                                             Tax hikes create uncertainty, uncer-                 fourth quarter more than $60 billion in
                                            So much for the idea of helping the                   tainty creates caution, and caution in-                losses, all while the unemployment in
                                          widows and the orphans. Maybe next                      hibits economic activity. As we seek                   America hit a 25-year high.
                                          year grandmas in Saudi Arabia can cel-                  energy security and to create and pre-                   I ask the President to use all the
                                          ebrate International Women’s Day                        serve American jobs, I have to ask why                 power at his disposal to prevent these
                                          without being flogged by their govern-                  are we punishing the industry which                    bonuses from being paid at taxpayers’
                                          ment.                                                   contributes both?                                      expense.
                                            And that’s just the way it is.                                          f                                                      f
                                                           f                                                                                             CALLING FOR 100 PERCENT TAX
                                                                                                  FORMER VICE PRESIDENT CHE-
                                                       THE ECONOMY                                  NEY’S ATTEMPT TO REWRITE                               ON ‘‘PERFORMANCE’’ BONUSES
                                            (Ms. RICHARDSON asked and was                           HISTORY                                                BY ANY COMPANY IN WHICH THE
                                          given permission to address the House                     (Mr. YARMUTH asked and was given                       GOVERNMENT OWNS A MAJOR-
                                          for 1 minute.)                                          permission to address the House for 1                    ITY STAKE
                                            Ms. RICHARDSON. Mr. Speaker, mis-                     minute.)                                                 (Mrs. MALONEY asked and was given
                                          taken policies, misplaced priorities,                     Mr. YARMUTH. Mr. Speaker, on                         permission to address the House for 1
                                          and profound irresponsibility have                      Sunday former Vice President Cheney                    minute.)
                                          brought us where we are today. Presi-                   made the latest in a series of out-                      Mrs. MALONEY. Mr. Speaker, we all
                                          dent Obama and this Congress are com-                   rageous attempts to rewrite history.                   know the news yesterday that AIG is
                                          mitted to real change. And what is                      He suggested that America was less                     paying over $100 million in bonuses. I
                                          that change? We propose solutions, real                 safe now than under President Bush.                    find this an absolute outrage. I’m glad
                                          solutions. An honest budget, rejecting                  Well, as a former journalist and editor,               the President has directed the Treas-
                                          gimmicks, and eliminating the waste-                    I’m compelled to do a little rewrite of                ury Department to use all legal means
                                          ful spending that has brought us to this                his story.                                             to restrict these bonuses.
                                          trillion dollar deficit that we now have                  I think it is important to note that                   But we in Congress can actually
                                          today.                                                  under President Bush and Vice Presi-                   make the laws, and here’s a law we
                                            What the American people need are                     dent Cheney, we let Osama bin Laden                    should make: Tax the bonuses of any
                                          tax cuts, and 95 percent of Americans                   escape. We took our eye off the ball in                company in which the government
                                          will now receive a tax cut. What do the                 Afghanistan and moved to Iraq. We                      owns a majority stake at 100 percent. I
                                          American people need? A double com-                     went into Iraq with no plan for victory.               have introduced this bill today—tax so-
                                          mitment of the investment of Pell                       We heard from Vice President Cheney                    called ‘‘performance’’ bonuses at 100
                                          grants, of looking at a commitment to                   that we were going to be greeted as lib-               percent.
                                          Head Start, and so many of the other                    erators, that WMD would certainly be                     Bonuses are supposed to be given to
                                          vital areas.                                            found, and that this war was going to                  someone who has done a good job. But
                                            When we look at this Congress, we                     be very short and cost us very little                  AIG, as my colleague said, and we’ve
                                          are committed to fixing health care,                    money.                                                 found something we agree on, lost over
                                          not to be a party of ‘‘no,’’ but to say                   My editing of Vice President Che-                    $70 billion in the last quarter. We put
                                          that we are going to address what is                    ney’s statement on Sunday would be                     in $170 billion of taxpayers’ money.
                                          happening for struggling homeowners.                    that he did not exactly tell the whole                 They don’t deserve a bonus. They de-
                                            The American Recovery Act ad-                         story.                                                 serve better management. They de-
                                          dressed and is helping us to bring for-                   Fortunately, the American people                     serve certainly a restriction on the bo-
                                          ward 3.5 million jobs to help stabilize                 know the whole story. They know that                   nuses that they have. And I really ap-
                                          the State budgets and to dig us out of                  we are much safer now with President                   plaud President Obama, who said yes-
                                          this fiscal mess that we inherited over                 Obama in the White House. So as the                    terday that this isn’t just a matter of
                                          the last 8 years.                                       recently departed Paul Harvey would                    dollars and cents; it’s a matter of fun-
                                            We can recover, we must recover, be-                  have said, ‘‘And now you know the rest                 damental values.
                                          cause as Americans, failure is not an                   of the story.’’                                          I urge my colleagues to join me in
                                          option.                                                                   f                                    taxing this bonus.
                                                           f                                      CALLING FOR THE PREVENTION                                               f
                                                        ENERGY                                      OF BONUSES PAID TO AIG EX-                           PRESIDENT’S BUDGET: TAXES TOO
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                                            (Mr. CASSIDY asked and was given                        ECUTIVES AT TAXPAYERS’ EX-                                     MANY TOO MUCH
                                          permission to address the House for 1                     PENSE                                                  (Mr. WILSON of South Carolina
                                          minute.)                                                  (Mr. BUCHANAN asked and was                          asked and was given permission to ad-
                                            Mr. CASSIDY. Mr. Speaker, as re-                      given permission to address the House                  dress the House for 1 minute and to re-
                                          gards to energy, I’m an all-of-the-                     for 1 minute.)                                         vise and extend his remarks.)



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                H3449
                                            Mr. WILSON of South Carolina. Mr.                       Mr. KINGSTON. Mr. Speaker, the                           LEGISLATIVE MALPRACTICE
                                          Speaker, Democrats have broken their                    Democrat budget that we are looking                      (Mr. PITTS asked and was given per-
                                          promise not to raise taxes on 95 per-                   at of $3.6 trillion spends too much,                   mission to address the House for 1
                                          cent of Americans. Democrats are pro-                   taxes too much, and it borrows too                     minute and to revise and extend his re-
                                          posing to tax small businesses and ev-                  much.                                                  marks.)
                                          eryone who plans to turn on a light,                      Not that spending is a problem to                      Mr. PITTS. Mr. Speaker, the Presi-
                                          drive a car, or heat their home.                        this majority. Take recently the town                  dent’s chief of staff said, ‘‘You never
                                            Under the Democrat budget, many                       of Union, New York, which received                     want a serious crisis to go to waste.
                                          small businesses will see their taxes go                $578,000 in stimulus money that they                   It’s an opportunity to do things that
                                          up. At a time when our economy is in                    did not ask for, and the money was ear-                you think you could not do before.’’
                                          trouble, this budget raises taxes on the                marked for a homeless prevention shel-                   In other words, the administration
                                          one group that creates the most jobs in                 ter, which they do not have. Now the                   and this Congress are exploiting our fi-
                                          America.                                                town supervisor says this is nice but
                                            But small businesses are not alone.                                                                          nancial crisis, inserting many of their
                                                                                                  we’re not aware of any homeless prob-                  political-agenda items into the massive
                                          Under the new Democrat cap, trade,                      lem in Union, New York.
                                          and tax proposal, every household in                                                                           spending bills without due delibera-
                                                                                                    Nonetheless, the White House, in-                    tion: items like repeal of welfare re-
                                          this country would pay as much as                       stead of saying this is a mistake, they
                                          $3,128 each year in higher energy costs.                                                                       form; like the comparative effective-
                                                                                                  simply say we encourage them to de-                    ness board that will lead to rationed
                                          This would surely overwhelm any tax                     velop creative strategies for this fund-
                                          break they may be getting.                                                                                     health care; like electricity rate decou-
                                                                                                  ing.                                                   pling, which increases electricity
                                            The President says this budget is not
                                                                                                    This party is the party of ‘‘owe.’’                  prices as people use less energy; like
                                          just about numbers on a page. I agree.
                                                                                                  They owe China. They owe their big                     easing Cuba travel restrictions; like
                                          There are real families and small busi-
                                                                                                  union lobbyists. They owe our children                 mandating Davis-Bacon for all con-
                                          nesses that will be hurt by the $1.4 tril-
                                                                                                  and the future generations. And, oh,                   tract projects in the country; like kill-
                                          lion in new taxes this budget will cre-
                                                                                                  my goodness, look how many O’s are in                  ing school choice for poor kids in
                                          ate.
                                                                                                  $3.6 trillion.                                         Washington; and parts of government-
                                            In conclusion, God bless our troops,
                                          and we will never forget September the                                                                         run health care and the cap-and-trade
                                                                                                                    f
                                          11th.                                                                                                          energy taxes and more and more.
                                                           f                                                                                               Without one Member of the House
                                                                                                                        b 1230                           reading these 1,100-page-plus bills, Mr.
                                          CALLING FOR COMPREHENSIVE FI-                                                                                  Speaker, this is legislative mal-
                                            NANCIAL REGULATORY REFORM                                   FISCAL YEAR 2010 BUDGET                          practice.
                                            AND ACCOUNTABILITY
                                                                                                    (Mr. CONNOLLY of Virginia asked                                        f
                                            (Mr. ARCURI asked and was given                       and was given permission to address
                                          permission to address the House for 1                   the House for 1 minute and to revise                         AIG AND THEIR BIG-TIME
                                          minute and to revise and extend his re-                 and extend his remarks.)                                              BONUSES
                                          marks.)                                                   Mr. CONNOLLY of Virginia. Mr.
                                            Mr. ARCURI. Mr. Speaker, the bo-                                                                               (Mr. SAM JOHNSON of Texas asked
                                                                                                  Speaker, I rise today to address the                   and was given permission to address
                                          nuses announced by AIG are nothing                      President’s fiscal year 2010 budget pro-
                                          less than a slap in the face to the tax-                                                                       the House for 1 minute and to revise
                                                                                                  posal. We are in a crucial time in our                 and extend his remarks.)
                                          paying families across my district and                  Nation’s history. According to a recent
                                          across the entire country. Families                                                                              Mr. SAM JOHNSON of Texas. Mr.
                                                                                                  CNN poll, 45 percent of Americans be-                  Speaker, my e-mail inbox is full of con-
                                          that are struggling to pay rising en-                   lieve that another Great Depression is
                                          ergy bills and put food on their table.                                                                        stituents fed up with AIG. I don’t
                                                                                                  likely.                                                blame them. I have had it up to here
                                            To expect hardworking middle class
                                                                                                    The President’s budget represents a                  with bad news about AIG and their big-
                                          families in my district and across the
                                                                                                  bold strike to revitalize the economy                  time bonuses. They should return that
                                          country to foot the bill for executive
                                                                                                  and provides a path to future economic                 money.
                                          bonuses when those same executives
                                                                                                  stability and prosperity. The proposal                   As a U.S. News columnist asked,
                                          failed in their job and dragged our
                                                                                                  is a good start.                                       ‘‘Forget bonuses. Why are these people
                                          economy down with them is completely
                                                                                                    There are, however, areas that re-                   still collecting regular paychecks?’’ I
                                          unacceptable.
                                            My constituents pay their bills on                    quire further refinement. The sugges-                  am glad that New York Attorney Gen-
                                          time. They make hard financial                          tion to limit itemized deductions will                 eral Andrew Cuomo demanded AIG pro-
                                          choices, and they meet their respon-                    have     negative    unintended     con-               vide information on who is receiving
                                          sibilities each and every day without a                 sequences. As charitable donations be-                 bonuses in its Financial Products
                                          bailout.                                                come scarcer in these trying times, sig-               Group. Those who receive the fat-cat
                                            This is truly a nonpartisan issue. I                  naling an intent to limit their tax-de-                bonuses are mainly responsible for the
                                          will work with my colleagues on both                    ductible value may further impair                      company’s and the country’s financial
                                          sides of the aisle and with the adminis-                charitable giving at precisely the time                problems.
                                          tration to build a regulatory system                    we need more.                                            I say fire them all. They don’t de-
                                          founded on accountability. That is why                    Capping the mortgage interest deduc-                 serve bonuses. Turn them over to the
                                          I support legislation to hold these irre-               tion will cause unintended discourage-                 Marines. Put them in the brig.
                                          sponsible individuals accountable and                   ment for homeownership at precisely
                                          demand that they pay back to the                        the time we need to stabilize home val-                                  f
                                          American people the money that we                       ues. We also must consider increasing
                                                                                                  the $250,000 income cap for raising tax                CONGRATULATING ZWOLLE AND
                                          gave them in bailouts.                                                                                           SPRINGHILL ON WINNING BAS-
                                            Now is the time for comprehensive fi-                 brackets. In my district, with one of
                                                                                                  the highest costs of living and one of                   KETBALL      STATE     CHAMPION-
                                          nancial regulatory reform and account-
                                                                                                  the highest percentages of dual in-                      SHIPS
                                          ability. Never again should we leave
                                          the foxes in charge of the henhouse.                    comes, the proposed level would be a                     (Mr. FLEMING asked and was given
                                                           f                                      difficult imposition. Additionally, we                 permission to address the House for 1
                                                                                                  must ensure pay parity between civil-                  minute.)
                                             THE DEMOCRAT PARTY: THE                              ian and military government employ-                      Mr. FLEMING. Mr. Speaker, I want
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                                                   PARTY OF ‘‘OWE’’                               ees as we ask more of the civilian                     to acknowledge the accomplishments
                                            (Mr. KINGSTON asked and was given                     workforce.                                             of two outstanding basketball pro-
                                          permission to address the House for 1                     Overall, I expect the proposed budget                grams that brought home Louisiana
                                          minute and to revise and extend his re-                 to be worked out over the next few                     State titles in my district over this
                                          marks.)                                                 weeks in the Budget Committee.                         weekend.



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                                          H3450                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                            The Springhill High School Lumber-                    ed the people of Tibet, but not over un-               the course of the last administration,
                                          jacks won the Class 2A State cham-                      armed American civilians. We had time                  who voted against the $1.5 trillion of
                                          pionship on Saturday with a 70–66 vic-                  yesterday to pass three pieces of enor-                new spending of this new administra-
                                          tory    over    Many     High   School.                 mous legislation naming post offices,                  tion. And we, House conservatives and
                                          Antonious Markray ended a stellar                       but not time to express our outrage                    the minority today, are ready to lead.
                                          high-school career with a game high of                  over the harassment of U.S. civilians                  We are offering alternatives to this
                                          29 points for the Lumberjacks. This is                  who are unarmed in international wa-                   massive spending program proposed by
                                          the first State title in the modern era                 ters. Today we will leave at 3 o’clock,                this new administration.
                                          for Springhill, Louisiana.                              but we won’t have time to express our                    In only 38 legislative days, Mr.
                                            Also winning a State title this week-                 outrage over unarmed civilians.                        Speaker, the new liberal majority that
                                          end were the Class B champions from                       Mr. Speaker, I hope this House lead-                 rules Congress and rules the White
                                          Zwolle High School. The Hawks beat                      ership will change its position, bring                 House has managed to spend more
                                          Rapides 55–53 with Antonio Holmes                       the resolution to the floor and send a                 money in less time than any Congress
                                          leading the way. He finished with 17                    message that we are going to protect                   in the history of the United States.
                                          points and was awarded the MVP tro-                     and defend our people when they are in                 Never before have so few spent so much
                                          phy. This is the third State title in 4                 international waters.                                  money in so little time.
                                          years for Zwolle.                                                         f                                      This budget proposed by the White
                                            Congratulations to the players,                                                                              House, spending $3.5 trillion, driving up
                                          coaches and parents of the Lumber-                      PRESIDENT’S        BUDGET        SPENDS                the deficit to triple the level of last
                                          jacks and the Hawks for a job well                        TOO MUCH, TAXES TOO MUCH                             year, doubling the national debt in 8
                                          done.                                                     AND BORROWS TOO MUCH                                 years, ignores the financial hurricane
                                                           f                                        (Mr. PENCE asked and was given per-                  just over the horizon that House con-
                                             HONORING THE EDEN PRAIRIE                            mission to address the House for 1                     servatives are ready to deal with. This
                                              EAGLES BOYS HOCKEY TEAM                             minute and to revise and extend his re-                Nation faces unfunded liabilities at un-
                                                                                                  marks.)                                                precedented levels, and we have got to
                                            (Mr. PAULSEN asked and was given                        Mr. PENCE. It’s St. Patrick’s Day,
                                          permission to address the House for 1                                                                          just say ‘‘no’’ to more spending.
                                                                                                  Mr. Speaker, and my Irish grandfather                                    f
                                          minute.)                                                would want me to do nothing short of
                                            Mr. PAULSEN. Mr. Speaker, I rise to                                                                             SMALL BUSINESSES AND NEW
                                                                                                  acknowledging that and wearing the
                                          pay tribute to the Eden Prairie Eagles                                                                                      TAX BURDEN
                                                                                                  green. But I have to tell you, with the
                                          boys hockey team that won the Min-
                                                                                                  headlines about bailouts, the Presi-                     (Mr. THOMPSON of Pennsylvania
                                          nesota State High School Class AA
                                          Tournament just this past weekend.                      dent’s budget for $3.5 trillion and more               asked and was given permission to ad-
                                            Minnesota is known as the ‘‘State of                  spending and more taxes to grow gov-                   dress the House for 1 minute and to re-
                                          Hockey,’’ and I submit we have the                      ernment and pay for more bailouts, it’s                vise and extend his remarks.)
                                          highest quality high school hockey                      enough to get my Irish up.                               Mr. THOMPSON of Pennsylvania.
                                          tournament in the Nation. Led by                          Reality is that when the American                    Mr. Speaker, growing up, my father
                                          coach Lee Smith, the talented Eden                      people are taking a closer and closer                  ran two small businesses, a sporting
                                          Prairie team had a tough road to the                    look at this administration’s budget,                  goods business and a marina, both of
                                          title.                                                  they know three things. This Presi-                    which I worked at over the years. My
                                            They beat defending State champion                    dent’s budget spends too much, it taxes                grandfather’s family worked a local
                                          Hill-Murray in the opening round, and                   too much and it borrows too much.                      dairy and farm.
                                          they followed that win with a victory                     Believe it or not, in these times when                 So, Mr. Speaker, I was a bit taken
                                          over a tough Blaine team. In the final,                 the American people are saying enough                  back when the administration’s budget
                                          they defeated a tough Moorhead team                     is enough on big government spending                   proposal came across my desk last
                                          as well, 3–0, to win the school’s very                  and bailouts, this administration is                   week. I know you often hear politicians
                                          first high school hockey championship                   poised to raise taxes on small business                speak about small business being the
                                          for Eden Prairie.                                       owners. Fifty percent of Americans                     backbone of our economy, but it’s true,
                                            As a resident of Eden Prairie myself,                 who file taxes above the level the                     and even more so in the American
                                          I am especially proud of the Eagles. I                  President wants to raise them are ac-                  rural communities that I represent.
                                          ask my colleagues to join me in offer-                  tually small business owners filing as                   With 710 new jobs created by small
                                          ing our praises and congratulations to                  individuals.                                           business owners, these individuals are
                                          the coaches, the parents and the tal-                     The average American household will                  key to the revitalization of our econ-
                                          ented group of scholar athletes for a                   pay $3,100 more with the President’s                   omy and putting folks back to work.
                                          great season. And I also heartily ap-                   new energy tax. And with the Presi-                    This budget proposal will increase the
                                          plaud the school spirit of the student                  dent capping charitable giving, char-                  tax burden on every single small busi-
                                          cheering section, which was the largest                 ities in this country, churches and syn-               ness owner not once, but twice. Over-
                                          at the tournament.                                      agogues and the like could lose $9 bil-                head costs, raw materials, transpor-
                                                           f                                      lion this year alone.                                  tation, and every other segment of the
                                                                                                    Enough is enough. We have to say no                  supply chain will skyrocket under this
                                          OUTRAGE OVER HARASSMENT OF                              to the President’s budget and give the                 proposal.
                                            U.S. UNARMED CIVILIANS IN                             American people a budget that is                         This is not acceptable and will only
                                            INTERNATIONAL WATERS                                  strong and diverse and restrained and                  lengthen this recession and penalize
                                            (Mr. FORBES asked and was given                       committed to growth as they are.                       the very best people that are best
                                          permission to address the House for 1                                     f                                    equipped to put folks back to work.
                                          minute.)                                                                                                       Now, I will give credit where credit is
                                            Mr. FORBES. Mr. Speaker, I have                       HOUSE CONSERVATIVES AND THE
                                                                                                                                                         due. I was pleased to see the President
                                          watched in the last several minutes as                    MINORITY TODAY ARE READY
                                                                                                                                                         take a step in the right direction yes-
                                          one by one people have come up to                         TO LEAD AND OFFER ALTER-
                                                                                                                                                         terday by relaxing the lending rules at
                                          these podiums and beaten them and                         NATIVES
                                                                                                                                                         the Small Business Administration to
                                          talked about being outraged. But 10                       (Mr. CULBERSON asked and was                         allow credit to flow more freely.
                                          days ago, one of our naval vessels that                 given permission to address the House                                    f
                                          was unarmed, full of civilians, was har-                for 1 minute and to revise and extend
                                          assed by a Chinese aircraft and five                    his remarks.)                                           PRESIDENT’S BUDGET TAXES TOO
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                                          Chinese vessels, and this House has not                   Mr. CULBERSON. Mr. Speaker, the                                      MUCH
                                          had time to express the outrage for                     conservatives who won re-election in                     (Mr. NEUGEBAUER asked and was
                                          what has happened with that.                            the House are those who overwhelm-                     given permission to address the House
                                            We had time to pass a bill that ex-                   ingly voted against the massive spend-                 for 1 minute and to revise and extend
                                          pressed our outrage of how they treat-                  ing programs that were proposed over                   his remarks.)



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                    H3451
                                            Mr. NEUGEBAUER. Mr. Speaker,                          minute and to revise and extend her re-                SUPPORTING PROFESSIONAL SO-
                                          hardworking Americans across this                       marks.)                                                 CIAL WORK MONTH AND WORLD
                                          country are trimming their budgets                        Mrs. LUMMIS. Mr. Speaker, I rise                      SOCIAL WORK DAY
                                          and finding ways to save and make sac-                  today to recognize an achievement of
                                          rifices. In these tough economic times                  the University of Wyoming Nordic Ski                     Mr. POLIS. Mr. Speaker, I move to
                                          the Federal Government should be held                   Club.                                                  suspend the rules and agree to the reso-
                                          to that same standard.                                    Two weeks ago, this team swept the                   lution (H. Res. 240) to support the goals
                                            During a time of economic insta-                      United States Collegiate Ski and                       and ideals of Professional Social Work
                                          bility, we cannot start raising taxes to                Snowboard Association Nationals, with                  Month and World Social Work Day, as
                                          pay for more government spending. Un-                   the men’s and women’s team both                        amended.
                                          fortunately, that’s exactly what the                    bringing home the gold.                                  The Clerk read the title of the resolu-
                                          President has proposed in his budget                      I would like to congratulate coaches                 tion.
                                          that he has submitted to Congress. The                  Christi Boggs and Rachel Watson, who                     The text of the resolution is as fol-
                                          administration proposes to raise taxes                  led this team to double championship                   lows:
                                          $1.4 trillion over the next 10 years,                   titles at Devil’s Thumb Ranch in Colo-                                   H. RES. 240
                                          which includes taxes on small busi-                     rado. This is the fourth national title
                                                                                                                                                           Whereas social workers have the dem-
                                          nesses, the backbone of our economy.                    for the University of Wyoming’s wom-                   onstrated education and experience to guide
                                            Let’s be clear about what $1 trillion                 en’s program and the second for the                    individuals, families, and communities
                                          is. If you started counting to $1 tril-                 men’s program in 10 years.                             through complex issues and choices;
                                          lion, 1, 2, 3, it would only take you                     Particular recognition should also go                  Whereas social workers help people in all
                                          31,708 years to count to 1 trillion. Yet                to Daniel Lewis, who came away with                    stages of life, from children to the elderly,
                                          we are talking about $1.3 trillion in                   three individual championships, as well                and in all situations from adoption to hos-
                                          new taxes.                                              as his fellow teammates on the men’s                   pice care;
                                            The American taxpayers deserve a                      championship relay team, Eliah Peder-                    Whereas social workers are in schools,
                                          better plan for individuals and small                                                                          courtrooms, drug clinics, hospitals, senior
                                                                                                  sen and Evgeniy Panzhinskiy. In addi-                  centers, shelters, nursing homes, the mili-
                                          businesses. We must empower Amer-                       tion to these three accomplished young
                                          ican individuals and families. The road                                                                        tary, disaster relief, prisons, and corpora-
                                                                                                  men, John Kirlin was named an Overall                  tions;
                                          to economic recovery is paved with                      Individual All-American.                                 Whereas social workers are dedicated to
                                          healthy small business communities                        On the women’s team, this title was                  improving the society in which we live and
                                          creating jobs and opportunity.                          awarded to Gracey Lewis, Kari Boroff,                  connecting individuals, families, and com-
                                            Congress and the administration                       Gwynn Barrows and Marie Cartwright.                    munities to available resources;
                                          should focus on solutions that empower                    Again, I congratulate the University                   Whereas social workers stand up for others
                                          individuals and businesses to succeed                   of Wyoming ski teams, my alma mater                    to make sure everyone has access to the
                                          in the economy, rather than solutions                                                                          same basic rights, protections, and opportu-
                                                                                                  ski teams, on all their success. The                   nities;
                                          that spend too much, borrow too much                    Cowboy State is proud of these young
                                          and tax too much.                                                                                                Whereas social workers, such as Harry
                                                                                                  men and women.                                         Hopkins, Frances Perkins, Whitney M.
                                                           f                                                        f                                    Young, Jr., and Dr. Dorothy I. Height have
                                           PRESIDENT’S BUDGET IS RECIPE                                                                                  been the driving force behind important so-
                                                                                                                        b 1245                           cial movements in the United States and
                                                  FOR HIGH INFLATION
                                                                                                    CAP-AND-TAX PROVISION HURTS                          abroad;
                                            (Mr. COFFMAN asked and was given                                                                               Whereas, according to the United States
                                                                                                           AN AILING ECONOMY
                                          permission to address the House for 1                                                                          Department of Labor, Bureau of Labor Sta-
                                          minute and to revise and extend his re-                   (Mr. SHIMKUS asked and was given                     tistics, employment for social workers is ex-
                                          marks.)                                                 permission to address the House for 1                  pected to grow much faster than the average
                                            Mr. COFFMAN. Mr. Speaker, the                         minute and to revise and extend his re-                for all occupations;
                                          President’s budget is a recipe for high                 marks.)                                                  Whereas Professional Social Work Month
                                                                                                    Mr. SHIMKUS. The President today                     and World Social Work Day, which is March
                                          inflation, higher interest rates and a
                                                                                                  said that he was frustrated at the Re-                 17, 2009, will build awareness of the role of
                                          permanent downsizing of the U.S. econ-                                                                         professional social workers and their com-
                                          omy.                                                    publicans’ ‘‘just say no’’ attitude. Well,
                                                                                                                                                         mitment and dedication to individuals, fami-
                                            For the President to say that this                    this is what I am going to say ‘‘no’’ to.              lies, and communities everywhere through
                                          budget has fiscal year discipline defies                I am saying ‘‘no’’ to a 686 billion car-               service delivery, research, education, and
                                          all common sense. The President says                    bon tax increase. What does that                       legislative advocacy; and
                                          he will cut the deficit in half over the                mean?                                                    Whereas the 2009 Social Work Month
                                          next 5 years. However, that is only                       This is Peabody Mine No. 10 in 1990.                 theme—Social Work: Purpose and Possi-
                                          after he hikes it to over $1 trillion in                After the last Clean Air amendments,                   bility—highlights the special characteristics
                                                                                                  this mine was shut down. We lost over                  of those who choose social work as a profes-
                                          the first year. His promise of never
                                                                                                                                                         sion, and underscores the goals of their
                                          having a balanced budget has even                       1,200 mineworkers’ jobs because of
                                                                                                                                                         work: Now, therefore, be it
                                          caused our largest public debt holder,                  that.
                                                                                                                                                           Resolved, That the House of Representa-
                                          the People’s Republic of China, to take                   The carbon tax, the cap-and-tax pro-
                                                                                                                                                         tives—
                                          notice and express concern over the                     vision in the budget bill, will raise                    (1) supports the goals and ideals of Profes-
                                          lack of fiscal responsibilities in this                 costs to every energy user in this coun-               sional Social Work Month and World Social
                                          budget.                                                 try, hurting manufacturing, hurting                    Work Day;
                                            When the economy begins to recover,                   retail industries. It’s egregious, it’s not              (2) acknowledges the diligent efforts of in-
                                          public borrowing under the President’s                  necessary, and it only hurts an ailing                 dividuals and groups who promote the impor-
                                          budget will compete with the demand                     economy.                                               tance of social work and who are observing
                                                                                                                                                         Professional Social Work Month and World
                                          for private borrowing, leading to a dra-                                  f
                                                                                                                                                         Social Work Day;
                                          matic rise in interest rates and infla-
                                                                                                  ANNOUNCEMENT BY THE SPEAKER                              (3) encourages the American people to en-
                                          tion, weakening the value of the dollar                                                                        gage in appropriate ceremonies and activi-
                                                                                                              PRO TEMPORE
                                          and lessening the value of U.S. Treas-                                                                         ties to further promote awareness of the life-
                                          ury notes.                                                The SPEAKER pro tempore. Pursu-                      changing role of social workers;
                                            Mr. Speaker, this budget taxes too                    ant to clause 8 of rule XX, the Chair                    (4) recognizes with gratitude the contribu-
                                          much, spends too much and borrows                       will postpone further proceedings                      tions of the millions of caring individuals
                                          too much and must be defeated.                          today on motions to suspend the rules                  who have chosen to serve their communities
                                                                                                  on which a recorded vote or the yeas                   through social work; and
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                                                           f
                                                                                                  and nays are ordered, or on which the                    (5) encourages young people to seek out
                                              HONORING UNIVERSITY OF                              vote is objected to under clause 6 of                  educational and professional opportunities
                                              WYOMING NORDIC SKI CLUB                                                                                    to become social workers.
                                                                                                  rule XX.
                                            (Mrs. LUMMIS asked and was given                        Record votes on postponed questions                    The SPEAKER pro tempore. Pursu-
                                          permission to address the House for 1                   will be taken later.                                   ant to the rule, the gentleman from



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                                          H3452                                             CONGRESSIONAL RECORD — HOUSE                                                          March 17, 2009
                                          Colorado (Mr. POLIS) and the gen-                       the role of professional social workers                2009, we can not only bring attention
                                          tleman from Pennsylvania (Mr. THOMP-                    and their commitment and dedication                    and appreciation to an important pro-
                                          SON) each will control 20 minutes.                      to individuals, families, and commu-                   fession, but engage in a discussion
                                            The Chair recognizes the gentleman                    nity everywhere through service deliv-                 about the important role of social
                                          from Colorado.                                          ery, research, education, and legisla-                 workers in keeping and weaving our
                                                           GENERAL LEAVE                          tive advocacy.                                         community fabric together.
                                            Mr. POLIS. I request 5 legislative                       I urge my colleagues to support this                   I ask my colleagues to join me in
                                          days during which Members may revise                    resolution honoring those who choose                   supporting this important bill.
                                          and extend and insert extraneous mate-                  social work as a profession in their en-                  Ms. SHEA-PORTER. Mr. Speaker, I am
                                          rials on House Resolution 240 into the                  deavors to better society.                             pleased to rise today to speak on behalf of
                                          RECORD.                                                    I reserve the balance of my time.                   House Resolution 240, which honors the dedi-
                                            The SPEAKER pro tempore. Is there                        Mr. THOMPSON of Pennsylvania.                       cation and compassion of professional social
                                          objection to the request of the gen-                    Mr. Speaker, I yield myself such time                  workers. Our highest calling is to provide serv-
                                          tleman from Colorado?                                   as I may consume.                                      ice to others, especially those less fortunate
                                            There was no objection.                                  Mr. Speaker, I rise today in support                than ourselves.
                                            Mr. POLIS. Mr. Speaker, I rise today                  of House Resolution 240, which sup-
                                                                                                                                                            In the early 20th century, thousands of peo-
                                          to support the goals and ideals of Pro-                 ports the goals and ideals of Profes-
                                                                                                                                                         ple lived in despair and poverty, and it was the
                                          fessional Social Work Month and World                   sional Social Work Month and World
                                                                                                                                                         early progressive moment in which the social
                                          Social Work Day. Social workers are                     Social Work Day.
                                                                                                                                                         work movement was born, providing food,
                                          valuable members of all communities,                       As a health care professional of three
                                                                                                                                                         clothing, health care and education to the less
                                          helping people in all stages of life, from              decades and a former licensed nursing
                                                                                                                                                         fortunate.
                                          birth through the elderly, and in all                   home administrator, I observed person-
                                                                                                  ally every day social workers making                      Social workers had a role in civil rights and
                                          situations, from adoption to hospice
                                                                                                  meaningful contributions throughout                    in women’s freedom. Today, social workers
                                          care and end of life. Dedicating their
                                                                                                  the Nation.                                            continue this fight to ensure that vulnerable
                                          education and experience, social work-
                                                                                                     They are on the front lines helping                 families have the support and the health care
                                          ers help to guide individuals, families,
                                                                                                  people overcome life’s most difficult                  that they need.
                                          and communities through complicated
                                          issues and complex choices.                             challenges—poverty, abuse, addiction,                     Social workers are everywhere in our soci-
                                            There are more than 600,000 people in                 illness, disability, discrimination, and               ety, caring for all of us. They help people in
                                          the United States who have devoted                      more. Social workers are the Nation’s                  all stages of life, from children to the elderly,
                                          their lives to social work and to the                   largest providers of mental health serv-               and in all situations, from adoption to hospice
                                          improvement of the society in which                     ices, delivering 60 percent of mental                  care. You can find social workers in hospitals,
                                          we live by obtaining social work de-                    health treatment.                                      police departments, mental health clinics, mili-
                                          grees. Many social workers have been                       However, these highly trained profes-               tary facilities and corporations.
                                          the driving force behind important so-                  sionals also work in schools, hospitals,                  Professional social workers are the Nation’s
                                          cial movements in the United States                     health care agencies, senior centers,                  largest providers of mental health care serv-
                                          and abroad.                                             crisis centers, and military bases. So-                ices. They provide more mental health serv-
                                            A few examples include Harry Hop-                     cial workers also actively advocate                    ices than psychologists, psychiatrists and psy-
                                          kins, who relocated to New Orleans in                   changes in policy and legislation to                   chiatric nurses combined.
                                          order to work for the American Red                      strengthen the social safety nets crit-                   The Veterans Administration employs more
                                          Cross as Director of Civilian Relief,                   ical to so many. Whether in direct                     than 4,400 social workers to assist veterans
                                          Gulf Division; or Francis Perkins, who                  practice, administration, education, re-               and their families with individual and family
                                          championed the minimum wage laws                        search, or policy development, social                  counseling, client education, end-of-life plan-
                                          and reduced the workweek for women                      workers promote social justice for all.                ning, substance abuse treatment, crisis inter-
                                          to 48 hours.                                               According to the International Fed-                 vention and other services.
                                            My late grandmother, Ruth Schutz,                     eration of Social Workers, social work                    Today we thank all those who have toiled in
                                          was a social worker for over 20 years in                grew out of humanitarian and demo-                     the fields of our community, including my
                                          New York City, as well as a progressive                 cratic ideals, and its values are based                grandmother, who left the comfort of her home
                                          activist. These are the frequently un-                  on respect for equality, worth, and dig-               each day at the turn of the century and went
                                          sung heroes of our communities, and                     nity of all people.                                    to the Lower East Side to help immigrants.
                                          that’s why it’s important that we rec-                     Since its beginnings over a century                 And we praise all of those who reach out to
                                          ognize them here today, Mr. Speaker.                    ago, social work has focused on meet-                  others every day in their community.
                                            Social workers labor in schools,                      ing human needs and developing                            Social workers’ service makes our commu-
                                          courtrooms, drug clinics, hospitals,                    human potential. Human rights and so-                  nities stronger. March is National Professional
                                          senior centers, shelters, nursing homes,                cial justice serve as the motivation and               Work Month, and Tuesday, March 17 is World
                                          the military, disaster relief, prisons,                 justification for social work action. In               Social Work Day. I honor their service and
                                          and corporations all over the country                   solidarity with those who are less for-                thank them for caring for all of us each day.
                                          as they stand up for others to make                     tunate, the profession strives to allevi-                 Mr. POLIS. I yield back the balance
                                          sure that everyone has access to the                    ate poverty and to promote inclusion                   of my time.
                                          same basic rights, protections, and op-                 for the most vulnerable populations.
                                                                                                                                                            The SPEAKER pro tempore. The
                                          portunities.                                               This year’s Social Work Month
                                                                                                                                                         question is on the motion offered by
                                            This is hard work, emotionally dif-                   theme—‘‘Purpose and Possibility’’—
                                                                                                                                                         the gentleman from Colorado (Mr.
                                          ficult, and frequently thankless work,                  truly highlights the special character-
                                                                                                                                                         POLIS) that the House suspend the
                                          which is why it’s so important that our                 istics of those who choose social work
                                                                                                                                                         rules and agree to the resolution, H.
                                          body take this step to honor social                     as a profession and underscores the
                                                                                                                                                         Res. 240, as amended.
                                          workers here today.                                     goals of their work. While their day-to-
                                            However, the need for social workers                  day work often goes unnoticed, we                         The question was taken.
                                          is expected to grow twice as fast as                    stand today to recognize with grati-                      The SPEAKER pro tempore. In the
                                          other occupations, especially in geron-                 tude the contributions of the millions                 opinion of the Chair, two-thirds being
                                          tology and home health care issues as                   of caring individuals who have chosen                  in the affirmative, the ayes have it.
                                          our aging demographic requires more                     to serve their communities through so-                    Mr. POLIS. Mr. Speaker, on that I
                                          services for our seniors. Substance                     cial work. I ask my colleagues to sup-                 demand the yeas and nays.
                                          abuse, private social service agencies,                 port this resolution.                                     The yeas and nays were ordered.
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                                          and school social work also continue to                    I yield back the balance of my time.                   The SPEAKER pro tempore. Pursu-
                                          increase.                                                  Mr. POLIS. By passing this resolu-                  ant to clause 8 of rule XX and the
                                            Professional Social Work Month and                    tion and by bringing attention to Pro-                 Chair’s prior announcement, further
                                          World Social Work Day, which is                         fessional Social Work Month and World                  proceedings on this motion will be
                                          March 17, 2009, will build awareness of                 Social Work Day, which is March 17,                    postponed.



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                H3453
                                           SUPPORTING NATIONAL WOMEN’S                              The Chair recognizes the gentleman                   ognize a great many days and months
                                                 HISTORY MONTH                                    from Missouri.                                         here in the Capitol, and sometimes we
                                            Mr. CLAY. Mr. Speaker, I move to                                        GENERAL LEAVE                        get disparaged for it. But I think when
                                          suspend the rules and agree to the reso-                  Mr. CLAY. Mr. Speaker, I ask unani-                  we look at the important role and the
                                          lution (H. Res. 211) supporting the                     mous consent that all Members may                      partnership since Colonial times until
                                          goals and ideals of National Women’s                    have 5 legislative days in which to re-                this very day that women have spent
                                          History Month.                                          vise and extend their remarks.                         and made in our history, we do so with-
                                            The Clerk read the title of the resolu-                 The SPEAKER pro tempore. Is there                    out it being properly marked in his-
                                          tion.                                                   objection to the request of the gen-                   tory.
                                            The text of the resolution is as fol-                 tleman from Missouri?                                    One needs to dig a little deeper in
                                          lows:                                                     There was no objection.                              order to see the equal participation of
                                                                                                    Mr. CLAY. Mr. Speaker, I yield my-                   women. Our Founding Fathers did not
                                                            H. RES. 211
                                                                                                  self such time as I may consume.                       make the decision to go to war without
                                            Whereas the purpose of National Women’s                 Mr. Speaker, as a member of the                      the support of their families because
                                          History Month is to increase awareness and              House Committee on Oversight and                       their land, their property, and their
                                          knowledge of women’s involvement in his-
                                          tory;
                                                                                                  Government Reform, I am pleased to                     very lives were at stake when they
                                            Whereas as recently as the 1970s, women’s             join my colleagues in consideration of                 made that decision.
                                          history was rarely included in the kinder-              H. Res. 211, which is designed to pro-                   Since 1987, this country has recog-
                                          garten through grade 12 curriculum and was              vide recognition and support for Na-                   nized Women’s History Month in this
                                          not part of public awareness;                           tional Women’s History Month, which                    month, and we should. National Wom-
                                            Whereas the Education Task Force of the               is commemorated annually during the                    en’s History Month has also received
                                          Sonoma County (California) Commission on                month of March.                                        the support of Federal, State, and local
                                          the Status of Women initiated a ‘‘Women’s                 Sponsored by our colleague, Con-                     officials that allow for public fora to
                                          History Week’’ celebration in 1978 centered
                                                                                                  gresswoman LYNN WOOLSEY of Cali-                       raise the awareness and perhaps to in-
                                          around International Women’s History Day,
                                          which is celebrated on March 8th;                       fornia, H. Res. 211 was introduced on                  spire a next generation of women to do
                                            Whereas in 1981, responding to the growing            March 5, 2009, and is currently cospon-                all that they can do, be all that they
                                          popularity of women’s history celebrations,             sored by 115 Members of Congress, both                 can be, and participate in ways that
                                          Congress passed a resolution making Wom-                men and women, as well as from both                    women throughout our history have,
                                          en’s History Week a national observance;                sides of the aisle. The measure was                    and more.
                                            Whereas during this time, using informa-              considered by Chairman TOWNS and the                     So I join with my colleagues, and
                                          tion provided by the National Women’s His-              Oversight panel on March 10, 2009,                     particularly my California colleague,
                                          tory Project, founded in Sonoma County,
                                                                                                  where it was passed without objection                  Representative WOOLSEY, in asking
                                          California, thousands of schools and commu-
                                          nities joined in the commemoration of Na-               by voice vote.                                         that we take a moment to recognize
                                          tional Women’s History Week, with support                 Mr. Speaker, I contend that it would                 Women’s History Month.
                                          and encouragement from governors, city                  be challenging to recount history with-                  I reserve the balance of my time.
                                          councils, school boards, and Congress;                  out recognizing the profound role that
                                                                                                                                                                          b 1300
                                            Whereas in 1987, the National Women’s His-            women have played in every commu-
                                          tory Project petitioned Congress to expand              nity, State, and country throughout                      Mr. CLAY. Mr. Speaker, I recognize
                                          the national celebration to include the en-             the world. While only a small measure                  the sponsor of the resolution, Ms.
                                          tire month of March;                                                                                           WOOLSEY of California, for 4 minutes.
                                                                                                  of appreciation, today’s consideration
                                            Whereas educators, workplace program                                                                           Ms. WOOLSEY. Mr. Speaker, I rise to
                                          planners, parents, and community organiza-              of H. Res. 211 is designed to express the
                                                                                                  appreciation and the gratitude of this                 honor Women’s History Month. Women
                                          tions in thousands of American commu-
                                          nities, under the guidance of the National              legislative body for the priceless and                 were once considered second-class citi-
                                          Women’s History Project, have turned Na-                timeless    contribution     of   women                zens whose rights were restricted, from
                                          tional Women’s History Month into a major               throughout history.                                    voting to property ownership. But
                                          local learning experience and celebration;                The origins of National Women’s His-                 today, women serve in the Senate and
                                            Whereas the popularity of women’s history             tory Month dates back to 1978 when or-                 the House of Representatives, they
                                          celebrations has sparked a new interest in              ganizers in Sonoma County, California,                 serve as members of the President’s
                                          uncovering women’s forgotten heritage;                                                                         cabinet, and as Speaker of the House of
                                            Whereas the President’s Commission on
                                                                                                  established a public celebration of
                                                                                                  women’s history, calling it ‘‘Women’s                  Representatives. It is important that
                                          the Celebration of Women in American His-
                                          tory was established to consider how best to            History Week.’’ In 1987, Congress ex-                  the role that women have played in
                                          acknowledge and celebrate the roles and ac-             panded the celebration to a month-long                 shaping this country is honored. How-
                                          complishments of women in American his-                 commemoration by declaring March as                    ever, it wasn’t until the late 1970s that
                                          tory;                                                   Women’s History Month.                                 women’s history was taught in our
                                            Whereas the National Women’s History                    Since the 1970s, we in American have                 schools. It was almost completely ab-
                                          Museum was founded in 1996 as an institu-               seen notable growth in the study and                   sent in media coverage and cultural
                                          tion dedicated to preserving, interpreting,                                                                    celebrations.
                                                                                                  expansion of women’s history. In fact,
                                          and celebrating the diverse historic con-                                                                        That is why, Mr. Speaker, in 1998, the
                                          tributions of women, and integrating this               today almost every college offers wom-
                                          rich heritage fully into the Nation’s teach-            en’s history courses and most major                    Education Task Force of the Sonoma
                                          ings and history books;                                 graduate programs offer doctoral de-                   County Commission on the Status of
                                            Whereas the House of Representatives rec-             grees in this important field of study.                Women, when I was the Chair of the
                                          ognizes March 2009 as National Women’s His-               Even today, we continue to witness                   Commission on the Status of Women,
                                          tory Month; and                                         women history makers—from our very                     initiated a women’s history week cele-
                                            Whereas the theme of National Women’s                 own Speaker of the House to the                        bration, a celebration that centered
                                          History Month for 2009 is women taking the              Speaker of the California State Assem-                 around International Women’s History
                                          lead to save our planet: Now, therefore, be it                                                                 Day. The National Women’s History
                                            Resolved, That the House of Representa-
                                                                                                  bly. From Governors and mayors to
                                          tives—                                                  successful businesswomen, scientists,                  Project, located in my district, was
                                            (1) supports the goals and ideals of Na-              athletes, teachers and, of course, moth-               founded in 1980 by many dedicated
                                          tional Women’s History Month; and                       ers, women are clearly making a dif-                   women who poured their hearts and
                                            (2) recognizes and honors the women and               ference in our country and in our                      their ideas into promoting and expand-
                                          organizations in the United States that have            world.                                                 ing the weeklong celebration. Because
                                          fought for and continue to promote the                    Mr. Speaker, I reserve the balance of                several dedicated women, including
                                          teaching of women’s history.                            my time.                                               Molly    Murphy     MacGregor,      Mary
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                                            The SPEAKER pro tempore. Pursu-                         Mr. ISSA. I yield myself such time as                Ruthsdotter, Maria Cuevas, Paula
                                          ant to the rule, the gentleman from                     I may consume.                                         Hammett, and Bette Morgan, decided
                                          Missouri (Mr. CLAY) and the gentleman                     Mr. Speaker, I join with my col-                     to write women back into history,
                                          from California (Mr. ISSA) each will                    leagues in recognizing Women’s His-                    thousands of schools and communities
                                          control 20 minutes.                                     tory Month. This is important. We rec-                 then started to commemorate Women’s



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                                          H3454                                             CONGRESSIONAL RECORD — HOUSE                                                     March 17, 2009
                                          History Week by bringing lessons on                     privileged women of the United States                  have never been recorded. So much of
                                          women’s achievements into the class-                    of America, see ourselves as part of an                what women have lived has not even
                                          room, staging parades, and engaging                     international sisterhood, where women                  been put to pen and to page; and that
                                          neighborhoods and churches in celebra-                  in places like the Congo are facing a                  is no more true than here in the House
                                          tion of the contributions of women.                     weapon of war that is low cost and low                 of Representatives itself.
                                            The hard work and dedication of                       tech called rape. We are concerned                       I was so pleased the other day to
                                          these women and the support of the                      about our sisters here in the United                   walk in the main corridor on the first
                                          Sonoma County Commission on the                         States who are victims of domestic vio-                floor of the Capitol, and to see for the
                                          Status of Women paid off. They started                  lence and discrimination in the work-                  first time in history the portrait of
                                          a national movement, and in 1981 Con-                   place. We understand all these chal-                   Shirley Chisholm hung in a place
                                          gress responded to the growing popu-                    lenges, but we have seen women                         where most people who travel here will
                                          larity of Women’s History Week by                       throughout history, fierce and strong                  actually witness the first African
                                          making it a national observance in 1987                 women, who have stood up to those and                  American woman ever to be elected to
                                          and expanding the week to a month,                      overcome those challenges, and we                      the Congress of the United States, and
                                          the month of March.                                     want to acknowledge those women on                     who campaigned for me in my very
                                            Imagine what American history les-                    whose shoulders we stand and to pledge                 first campaign. She left in 1983.
                                          sons would be today without teaching                    in their memory to go forward on their                   For a very long time, indeed the first
                                          about Harriet Tubman’s Underground                      behalf.                                                200 years of our country, up until this
                                          Railroad; or the work of Elizabeth                        Mr. CLAY. Mr. Speaker, at this time                  last decade, the only portrait of a
                                          Cady Stanton or Susan B. Anthony,                       I yield 2 minutes to my good friend                    woman hung in this House was of Poca-
                                          and the many women who fought for                       from the State of Wisconsin (Ms.                       hontas over in the main dome of the
                                          women’s suffrage; or Dr. Sally K. Ride,                 MOORE).                                                Capitol as she saved the life of John
                                          who was the first woman in space, en-                     Ms. MOORE of Wisconsin. As a vice                    Smith around the year 1623. But it
                                          couraging more girls to be interested                   chair of the Congressional Women’s                     wasn’t until this last decade where we
                                          in science.                                             Caucus, I proudly rise today in support                tried to get the portraits of women
                                            Today, Mr. Speaker, I ask my col-                     of House Resolution 211, honoring the                  hung in this Capitol, and it has proved
                                          leagues to join me in reaffirming our                   contributions that women have made                     to be as hard as winning the Revolu-
                                          commitment to the celebration of                        to history both at home and abroad.                    tionary War.
                                          women’s history by supporting H. Res.                     Women have never, ever had it easy,                    Mary Norton, the child of Irish immi-
                                          211, to ensure our grandchildren and                    and it is vital that as we continue to                 grants, has finally been hung in the
                                          great grandchildren learn more about                    move forward, we never forget the con-                 Education and Labor Committee as the
                                          women like Amelia Earhart and, even-                    tributions of those who came before us.                first woman to chair a committee in
                                          tually, the first woman President.                      Whether it was Harriet Tubman, re-                     this House, the Education and Labor
                                            Mr. Speaker, I want to thank Chair-                   peatedly risking death to lead slaves                  Committee. She wrote the National
                                          man TOWNS, Chairman CLAY, and                           through the dangers and trials of the                  Labor Relations Act, No Child Labor,
                                          Ranking Member ISSA for supporting                      underground railroad, or Elizabeth                     time-and-a-half overtime, minimum
                                          this resolution. Let us reflect on the                  Cady Stanton and Susan B. Anthony                      wage. And for all those years, from the
                                          contributions of women. Let us reflect                  organizing, against the wisdom of the                  Great Depression until this past year,
                                          on their place in history, with the hope                day, to convince the male electorate to                her portrait was in a closet here in the
                                          that the day will come, and soon, when                  let women vote, over and over and over                 Capitol.    Imagine    that.   Jeannette
                                          it is impossible to study American his-                 again women have stood up and de-                      Rankin, the first woman to ever serve
                                          tory without remembering the con-                       manded the rights that are due to                      from the State of Montana before suf-
                                          tribution of women.                                     them. And today, with so much uncer-                   frage was even adopted, never a por-
                                            Mr. CLAY. Mr. Speaker, I yield 2                      tainty in our economy, it is women in                  trait of her. Finally, it was commis-
                                          minutes to the distinguished gentle-                    households across our country who are                  sioned. We worked so hard. She is hung
                                          woman         from      Illinois    (Ms.                pooling together their resources to                    up on the third floor as you come off to
                                          SCHAKOWSKY).                                            make sure their families can eat and                   the visitor’s gallery.
                                            Ms. SCHAKOWSKY. I thank the gen-                      that their children are on time for                      The SPEAKER pro tempore. The
                                          tleman for yielding.                                    school. So let us remember Mother                      time of the gentlewoman has expired.
                                            As cochair of the Congressional Cau-                  Ruth, Big Mama, Aunt Peaches, and                        Mr. CLAY. I yield the gentlewoman
                                          cus on Women’s Issues, it gives me                      Grandma Helen.                                         another 30 seconds.
                                          great pleasure to rise in strong support                  This resolution honors the contribu-                   Ms. KAPTUR. I thank the gentleman
                                          of H. Res. 211, Recognizing March As                    tions that women have made through                     for that time. And, to say, when the
                                          Women’s History Month. I want to                        history. But it does more than that. It                Senate saw what we did in the House,
                                          thank Congresswoman LYNN WOOLSEY                        reminds us of the strength and dignity                 they hung a portrait of Hattie
                                          for introducing this resolution, and to                 that we possess in even the most uncer-                Carraway, the first woman elected to
                                          acknowledge our own woman Speaker                       tain times, and it urges us to seek out                the Senate, over on the Senate side.
                                          of the House, NANCY PELOSI.                             and stamp out injustice against women                    So the road has been a very long
                                            Women’s History Month is about rec-                   and their families wherever we see it. I               road, even here inside the Capitol,
                                          ognizing the achievements of women                      urge support for H. Res. 211.                          which is supposed to reflect the history
                                          throughout our history, while also ac-                    Mr. CLAY. Mr. Speaker, at this time                  of the American people. We know as
                                          knowledging the significant obstacles                   I recognize my friend from Ohio, the                   women, at the founding of our republic,
                                          they had to overcome along the road to                  most senior female in the House, Ms.                   as with slaves, we were considered
                                          success, and the many we still face. I                  KAPTUR, for 2 minutes.                                 three-quarters of a person, and it was
                                          want to thank President Obama for                         Ms. KAPTUR. I thank Chairman                         not until 1920 with adoption of the 19th
                                          creating, this month, a high-level                      CLAY for moving this bill forward. I                   amendment to our Constitution were
                                          White House Council on Women and                        thank him for yielding me time. I want                 we considered full persons. And it was
                                          Girls.                                                  to thank Congresswoman WOOLSEY for                     not until the Married Women Property
                                            Our women’s caucus, which is co-                      her great leadership in introducing                    Acts were passed in the State of New
                                          chaired by my friend and colleague,                     House Resolution 211, honoring the                     York in the late 1800s that in fact
                                          MARY FALLIN, is dedicated to address-                   contributions of women across history,                 women began to emerge from the
                                          ing those challenges by supporting leg-                 and certainly here in our great coun-                  shackles that had held them in bond-
                                          islation    and    developing    policies               try. I want to thank Congressman ISSA                  age for all of recorded history.
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                                          through our eight task forces. And I                    for his support.                                         I congratulate my dear friend from
                                          want to thank my sisters in the House                     I also want to say that we have a                    California, Congresswoman WOOLSEY. I
                                          for making history that will lift                       long way to go. As far as we have come,                thank the chairman of the Committee.
                                          women and girls in the United States                    we have even further to go. The major-                 Thank you for bringing us into the 21st
                                          and around the world. We, as the more                   ity of women’s contributions in history                century.



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                       H3455
                                            Mr. CLAY. Let me first of all thank                   Earth as activists, scientists and public                With this year’s theme of ‘‘Women
                                          the gentlewoman from Ohio for that                      servants. In Nevada, many of the early                 Taking the Lead to Save Our Planet,’’
                                          quick history lesson on women’s his-                    environmental activists, like Tina                     I am pleased to recognize the many
                                          tory in this Capitol. I want to yield to                Nappe, were women inspired to act by                   women who have showed exceptional
                                          my friend from South Dakota (Ms.                        their childhood experiences in the                     vision and leadership in the ongoing ef-
                                          HERSETH SANDLIN) for 2 minutes.                         beautiful Silver State. They have been                 forts to save our planet, women like
                                            MS.     HERSETH      SANDLIN.      Mr.                joined by respected scientists, such as                Carol Browner, the White House Coor-
                                          Speaker, I thank the gentleman from                     Dr. Peg Rees, dedicated to finding new                 dinator of Energy and Climate Policy,
                                          Missouri for yielding. I rise in strong                 ways to protect the desert for future                  Speaker NANCY PELOSI, the first ever
                                          support of House Resolution 211, a reso-                generations.                                           female Speaker of the U.S. House of
                                          lution Supporting the Goals and Ideals                     As public servants, women have also                 Representatives, Eileen Collins, the
                                          of National Women’s History Month.                      made a significant contribution to sav-                first woman shuttle commander, and
                                            I am proud to be a cosponsor of this                  ing our planet. In the Nevada legisla-                 Nan Rich, my State senator, who just
                                          resolution, along with many of my col-                  ture, for example, our women members                   became the first female Democratic
                                          leagues, and would like to thank Con-                   have been ahead of their time, cham-                   leader in the Florida State Senate in
                                          gresswoman WOOLSEY for introducing                      pioning issues from renewable energy                   our history. These women exemplify
                                          this legislation, recognizing the crit-                 development, like Sheila Leslie, to                    that a woman can do any job a man
                                          ical role women have played in shaping                  smart growth, like Chris Giunchigliani.                can do. As we saw during the Presi-
                                          the Nation we are proud to call home                    These many accomplishments are                         dential election, women like Secretary
                                          today.                                                  being documented, analyzed and dis-                    of State Hillary Clinton showed Ameri-
                                            Women like the pioneers who helped                    seminated to the public by the Wom-                    cans that women are ready to lead.
                                          settle the great plains in the West, the                en’s Research Institute at the Univer-                   My daughter, Rebecca, turned in her
                                          women who were the suffragettes                         sity of Nevada in Las Vegas under the                  fourth grade biography report on Susan
                                          working to ensure women’s right to                      able direction of Dr. Joanne Goodwin.                  B. Anthony this week. She and I
                                          vote, the role of so many women on the                     But Women’s History Month is not                    learned together about the right to
                                          home front and abroad throughout our                    only a month of remembrance of the                     vote and equal access to education for
                                          Nation’s history and serving in our                     important women of our past. It is an                  women that she fought for so valiantly
                                          Armed Forces, the important and posi-                   inspiration for the next generation of                 but never lived to see. As the mother of
                                          tive influence of women across the                      women and a call for them to continue                  two young daughters, it is so impor-
                                          country in the workplace, in public                     the fight to leave this precious rock a                tant to me that they see strong women
                                          service, and throughout our commu-                      better place to our children than we                   taking the lead to repair our world.
                                          nities.                                                 found it. So, thank you, Mr. Chairman,                   As we look to the future and the
                                            Although we have certainly come a                     and thank you especially, Ms. WOOL-                    steps that must be taken to save our
                                          long way in ensuring equal treatment                    SEY, for offering this important resolu-               planet, women can and will take the
                                          of women, challenges do remain. In                      tion that commemorates the 22nd anni-                  lead.
                                          recognition of the need to address the                  versary of National Women’s History                      Ms. CORRINE BROWN of Florida. Mr.
                                          obstacles women still face, President                   Month.                                                 Speaker, I rise in strong support of House
                                          Obama signed an executive order re-                        Mr. ISSA. Mr. Speaker, I yield myself               Resolution 211, a bill to support the goals and
                                          cently, creating the White House Coun-                  such time as I may consume.                            ideals of National Women’s History Month.
                                          cil on Women and Girls, and I was hon-                     Mr. Speaker, I believe today as we                    I would like to send a tribute out to all of the
                                          ored to participate in the signing cere-                move this important piece of legisla-                  women trailblazers who have contributed so
                                          mony at the White House.                                tion recognizing Women’s History                       much to our country. And I think St. Patrick’s
                                            Given the number of working moth-                     Month that we realize that women                       Day is the perfect time to remember them! I
                                          ers in South Dakota, one of the highest                 have played an important part in both                  would like to begin by sending a very special
                                          numbers per capita in the country, and                  parties and in all the major issues of                 thank you to former Congresswoman Pat
                                          having recently become a working                        our time. Certainly when we view                       Schroeder of Colorado; Congresswoman
                                          mother myself, I will be particularly                   Susan B. Anthony through the role she                  Carrie Meek of Florida; and Congresswoman
                                          interested in this new council’s focus                  played as a strong women’s suffragette                 Barbara Kennelly of Connecticut; and to some
                                          on this aspect of women and families. I                 and as a strong advocate for women’s                   of the women Members who I had the honor
                                          am proud of the progress we have made                   rights, the right of life, a strong pro-               to serve with in this body and recently passed:
                                          to integrate the stories of heroic Amer-                life advocate, we realize that women                   The Honorable Stephanie Tubbs-Jones of
                                          ican women into the discussion of our                   have played an important role in polit-                Ohio; The Honorable Julia Carson of Indiana;
                                          Nation’s history. I encourage schools                   ical decisions, decisions of war and                   and the Honorable Juanita Millender-McDon-
                                          and organizations across the country                    peace and in development of so many                    ald of California.
                                          to participate in the celebration of Na-                things in our country. And they con-                     I would also like to discuss a few of the
                                          tional Women’s History Month and                        tinue to do so today.                                  women who served as mentors to me over the
                                          make their own unique contribution to                      So, I would hope that as we recognize               years. I remember growing up in Jacksonville,
                                          the ongoing narrative of the history of                 Women’s History Month, we recognize                    back in the civil rights era in the United States.
                                          women in America.                                       that women are just as independent in                  And I knew I wanted to do something—get in-
                                            I would like to thank again Congress-                 their politics, in their desires and in                volved in something big—to make a dif-
                                          woman WOOLSEY for introducing this                      their beliefs as any man would ever                    ference. And I was inspired by a strong willed
                                          important resolution. I thank her for                   hope to be, and that we not falsely de-                woman, Ms. Gwendelyn Sawyer Cherry, who
                                          her leadership, and I encourage my col-                 termine that somehow women will save                   would stop at nothing to change the terrible ills
                                          leagues to support the resolution.                      the planet where men won’t, or that                    that our society, and in particular, African
                                            Mr. CLAY. Mr. Speaker, at this time                   there aren’t women developing innova-                  Americans, were facing in that time period.
                                          I would like to recognize the distin-                   tive solutions including next genera-                    Ms. Sawyer Cherry was the first African-
                                          guished gentlewoman from Nevada (Ms.                    tion nuclear, wind and solar, and, be-                 American woman to practice law in Dade
                                          TITUS) for 2 minutes.                                   yond that, solutions that haven’t even                 County, Florida, and became one of the first
                                                                                                  been talked about on the House floor.                  nine attorneys who initially served at Legal
                                                           b 1315                                    With that, I reserve the balance of                 Services in Greater Miami in 1966. She was
                                            Ms. TITUS. Thank you, Mr. Chair-                      my time.                                               elected as a state representative in 1970, be-
                                          man, for yielding.                                         Mr. CLAY. At this time, Mr. Speak-                  coming the first African-American woman to
                                            Today I rise in strong support of H.                  er, I would like to recognize my friend                serve as a legislator for the State of Florida.
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                                          Res. 211 and National Women’s History                   from      Florida    (Ms.    WASSERMAN                 She was elected to four terms and served until
                                          Month, which this year celebrates                       SCHULTZ) for 2 minutes.                                1979.
                                          women who are taking the lead to save                      Ms. WASSERMAN SCHULTZ. Mr.                            During her term, she introduced the Equal
                                          our planet. Women have played a crit-                   Speaker, today I rise in recognition of                Rights Amendment in Florida, chaired the
                                          ical role in the fight to protect the                   National Women’s History Month.                        State of Florida’s committee for International



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                                          H3456                                             CONGRESSIONAL RECORD — HOUSE                                                          March 17, 2009
                                          Woman’s Year in 1978, and co-authored Por-              Five.’’ Additionally, Sandra Day O’Connor, the           (2) SENIOR JUDGES.—Senior judges of a dis-
                                          traits in Color. I thank you, Ms. Sawyer Cher-          first women to serve on the United States Su-          trict court may be designated under para-
                                          ry, for all you have done for our nation and for        preme Court, hails from the great state of Ari-        graph (1)(A) if at least 1 judge of the court in
                                                                                                                                                         regular active service is also so designated.
                                          the state of Florida.                                   zona.
                                                                                                                                                           (3) RIGHT TO TRANSFER CASES PRESERVED.—
                                             And the last woman I would like to mention              All of these strong, independent leaders em-
                                                                                                                                                         This section shall not be construed to limit
                                          is a very near and dear friend of mine; an Afri-        body the true spirit of Arizona women: self-reli-      the ability of a judge to request the reassign-
                                          can American woman who served with me                   ant, hard-working and determined.                      ment of or otherwise transfer a case to which
                                          both in the Florida state legislature and came             I also want to pay tribute to the countless         the judge is assigned under this section, in
                                          up to Washington with me in 1993. I am refer-           organizations and coalitions that work tire-           accordance with otherwise applicable rules
                                          ring to, of course, Ms. Carrie Meek of Miami.           lessly to improve the lives of women and girls         of the court.
                                             The granddaughter of a slave and the                 throughout Southern Arizona.                             (b) DESIGNATION.—
                                          daughter of former sharecroppers, she spent                I am proud to celebrate National Women’s              (1) IN GENERAL.—Not later than 6 months
                                          her childhood in segregated Tallahassee. She            History Month by recognizing the increased             after the date of the enactment of this Act,
                                                                                                  awareness and knowledge of women’s in-                 the Director of the Administrative Office of
                                          then went on to graduate from Florida A&M                                                                      the United States Courts shall designate not
                                          University in 1946, at a time when African              volvement in history.
                                                                                                                                                         less than 6 United States district courts, in
                                          Americans could not attend graduate school in              Mr. ISSA. Mr. Speaker, I would like
                                                                                                                                                         at least 3 different judicial circuits, in which
                                          Florida, so she was forced to travel North to           to yield back the remainder of my                      the program established under subsection (a)
                                          continue her studies and ended up graduating            time.                                                  will be carried out.
                                          from the University of Michigan.                           Mr. CLAY. At this time, we yield                      (2) CRITERIA FOR DESIGNATIONS.—
                                             Ms. Meek went on to become a Florida                 back the balance of our time.                            (A) IN GENERAL.—Except as provided under
                                          state representative in 1979, and was the first            The SPEAKER pro tempore. The                        subparagraph (B), the Director shall make
                                          African American female elected to the Florida          question is on the motion offered by                   designations under paragraph (1) from—
                                                                                                  the gentleman from Missouri (Mr.                         (i) the 15 district courts in which the larg-
                                          State Senate in 1982. As a state senator,                                                                      est number of patent and plant variety pro-
                                          Meek served on the Education Appropriations             CLAY) that the House suspend the rules
                                                                                                  and agree to the resolution, H. Res. 211.              tection cases were filed in the most recent
                                          Subcommittee, and her efforts in the Legisla-                                                                  calendar year that has ended; or
                                                                                                     The question was taken.
                                          ture also led to the construction of thousands             The SPEAKER pro tempore. In the                       (ii) the district courts that have adopted
                                          of affordable rental housing units.                                                                            local rules for patent and plant variety pro-
                                                                                                  opinion of the Chair, two-thirds being                 tection cases.
                                             In 1992, Congresswoman Carrie Meek was
                                                                                                  in the affirmative, the ayes have it.                    (B) EXCEPTIONS.—The Director may only
                                          elected to the U.S. House of Representatives               Mr. CLAY. Mr. Speaker, I object to                  designate a court in which—
                                          from Florida’s 17th Congressional District. This        the vote on the ground that a quorum                     (i) at least 10 district judges are authorized
                                          made Ms. Meek, along with myself and Con-               is not present and make the point of                   to be appointed by the President, whether
                                          gressman ALCEE HASTINGS, to serve as the                order that a quorum is not present.                    under section 133(a) of title 28, United States
                                          first black lawmakers elected to represent                 The SPEAKER pro tempore. Pursu-                     Code, or on a temporary basis under other
                                          Florida in Congress since Reconstruction.               ant to clause 8 of rule XX and the                     provisions of law; and
                                          Upon taking office, Ms. Meek was faced the              Chair’s prior announcement, further                      (ii) at least 3 judges of the court have made
                                          extreme task of helping her district recover                                                                   the request under subsection (a)(1)(A).
                                                                                                  proceedings on this motion will be
                                          from Hurricane Andrew’s devastation, and her                                                                     (c) DURATION.—The program established
                                                                                                  postponed.                                             under subsection (a) shall terminate 10 years
                                          efforts helped to provide $100 million in fed-             The point of no quorum is considered                after the end of the 6-month period described
                                          eral assistance to rebuild Dade County.                 withdrawn.                                             in subsection (b).
                                             As a powerful and hard working Member of                               f                                      (d) APPLICABILITY.—The program estab-
                                          the appropriations committee, Congress-                                                                        lished under subsection (a) shall apply in a
                                          woman Meek became a leader on issues from                 AUTHORIZING PILOT PROGRAM                            district court designated under subsection
                                          economic development, to health care funding,                    FOR PATENT CASES                              (b) only to cases commenced on or after the
                                          to education and housing. She also passed                 Mr. JOHNSON of Georgia. Mr. Speak-                   date of such designation.
                                          legislation to improve Dade County’s transit            er, I move to suspend the rules and                      (e) REPORTS TO CONGRESS.—
                                          system, their airport and seaport; construct a          pass the bill (H.R. 628) to establish a                  (1) IN GENERAL.—At the times specified in
                                          new family and childcare center in North Dade           pilot program in certain United States                 paragraph (2), the Director of the Adminis-
                                                                                                                                                         trative Office of the United States Courts, in
                                          County; and fund advanced aviation training             district courts to encourage enhance-
                                                                                                                                                         consultation with the chief judge of each of
                                          programs at Miami-Dade Community College.               ment of expertise in patent cases                      the district courts designated under sub-
                                          In recent times, the Honorable Carrie Meek              among district judges.                                 section (b) and the Director of the Federal
                                          has worked to become a civil rights advocate              The Clerk read the title of the bill.                Judicial Center, shall submit to the Com-
                                          for senior citizens in the Miami area, as well            The text of the bill is as follows:                  mittee on the Judiciary of the House of Rep-
                                          for the Haitian community in South Florida.                                 H.R. 628                           resentatives and the Committee on the Judi-
                                             In closing, I want to thank these pioneers,            Be it enacted by the Senate and House of Rep-        ciary of the Senate a report on the pilot pro-
                                          those who have led the way for our daughters            resentatives of the United States of America in        gram established under subsection (a). The
                                          today and in the future.                                Congress assembled,                                    report shall include—
                                                                                                  SECTION 1. PILOT PROGRAM IN CERTAIN DIS-                 (A) an analysis of the extent to which the
                                             Ms. GIFFORDS. Mr. Speaker, I am honored
                                                                                                              TRICT COURTS.                              program has succeeded in developing exper-
                                          today to celebrate March as National Wom-                 (a) ESTABLISHMENT.—                                  tise in patent and plant variety protection
                                          en’s History Month with my support of H. Res.             (1) IN GENERAL.—There is established a pro-          cases among the district judges of the dis-
                                          211, ‘‘Supporting the Goals and Ideals of Na-           gram, in each of the United States district            trict courts so designated;
                                          tional Women’s History Month.’’                         courts designated under subsection (b), under            (B) an analysis of the extent to which the
                                             Women make up only 17% of the 111th                  which—                                                 program has improved the efficiency of the
                                          Congress—that is abysmal given that we                    (A) those district judges of that district           courts involved by reason of such expertise;
                                          make up more than 50 percent of America’s               court who request to hear cases under which              (C) with respect to patent cases handled by
                                          population. In the private sector, women CEOs           1 or more issues arising under any Act of              the judges designated pursuant to subsection
                                                                                                  Congress relating to patents or plant variety          (a)(1)(A) and judges not so designated, a com-
                                          are also in the minority. According to a 2008           protection are required to be decided, are             parison between the 2 groups of judges with
                                          census by Catalyst, among fortune 500 com-              designated by the chief judge of the court to          respect to—
                                          panies, only 2.4 percent are women. We can              hear those cases;                                        (i) the rate of reversal, by the Court of Ap-
                                          do better. More voices of women are needed                (B) cases described in subparagraph (A) are          peals for the Federal Circuit, of such cases
                                          in our boardrooms, courtrooms and in the                randomly assigned to the judges of the dis-            on the issues of claim construction and sub-
                                          halls of Congress.                                      trict court, regardless of whether the judges          stantive patent law; and
                                             In my home state of Arizona, women have              are designated under subparagraph (A);                   (ii) the period of time elapsed from the
                                          been trailblazers. This year, Arizona became              (C) a judge not designated under subpara-            date on which a case is filed to the date on
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                                                                                                  graph (A) to whom a case is assigned under             which trial begins or summary judgment is
                                          the only state in the nation to have three fe-
                                                                                                  subparagraph (B) may decline to accept the             entered;
                                          male Governors in a row: Jane Hull, Janet               case; and                                                (D) a discussion of any evidence indicating
                                          Napolitano and Janice Brewer. In 1998, Ari-               (D) a case declined under subparagraph (C)           that litigants select certain of the judicial
                                          zona became the first state to elect women to           is randomly reassigned to 1 of those judges of         districts designated under subsection (b) in
                                          all five of its top offices, dubbed the ‘‘Fab           the court designated under subparagraph (A).           an attempt to ensure a given outcome; and




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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                H3457
                                            (E) an analysis of whether the pilot pro-             lieved that the lack of experience and                 of the House of Representatives and
                                          gram should be extended to other district               expertise that most district court                     the Senate with periodic progress re-
                                          courts, or should be made permanent and                 judges have with respect to patent and                 ports. These reports will enable Con-
                                          apply to all district courts.
                                                                                                  plant variety protection cases is re-                  gress and the courts to evaluate wheth-
                                            (2) TIMETABLE FOR REPORTS.—The times re-
                                          ferred to in paragraph (1) are—                         sponsible for the wide divergence in                   er the pilot program is working, and, if
                                            (A) not later than the date that is 5 years           their decisions in these cases and their               so, whether it should be made perma-
                                          and 3 months after the end of the 6-month               high rate of reversal on appeal.                       nent.
                                          period described in subsection (b); and                   This bill establishes a pilot program                  Mr. Speaker, this is a creative bill
                                            (B) not later than 5 years after the date de-         to enable interested judges in certain                 that will improve the application of
                                          scribed in subparagraph (A).                            district courts to gain increased exper-               patent law. I want to really take a mo-
                                            (3) PERIODIC REPORTS.—The Director of the             tise in adjudicating complex and tech-                 ment to thank again Mr. ISSA, the gen-
                                          Administrative Office of the United States
                                                                                                  nical patent and plant variety protec-                 tleman from California, for this cre-
                                          Courts, in consultation with the chief judge
                                          of each of the district courts designated               tion cases. This will create a cadre of                ative idea coming up with this bill, and
                                          under subsection (b) and the Director of the            judges who gain advanced knowledge of                  also for his personal expertise. Mr. ISSA
                                          Federal Judicial Center, shall keep the com-            patent and plant variety protection                    actually holds 37 patents, which I sus-
                                          mittees referred to in paragraph (1) in-                through more intensified experience in                 pect is far more than any other Mem-
                                          formed, on a periodic basis while the pilot             handling the cases, along with special                 ber of Congress has ever held in the
                                          program is in effect, with respect to the mat-          education and career development op-                   history of this institution, so he knows
                                          ters referred to in subparagraphs (A) through           portunities.                                           whereof he speaks. It is no surprise he
                                          (E) of paragraph (1).                                     This should bring greater predict-                   has come up with this very productive
                                            (f) AUTHORIZATION FOR TRAINING AND
                                          CLERKSHIPS.—
                                                                                                  ability in patent and plant variety pro-               and constructive piece of legislation.
                                            (1) IN GENERAL.—In addition to any other              tection decisions, as well as greater ef-              And we are very pleased he is also a
                                          funds made available to carry out this sec-             ficiency in the processing of all cases.               leader on the Judiciary Committee as
                                          tion, there are authorized to be appropriated           The bill also sets forth reporting re-                 well.
                                          not less than $5,000,000 in each fiscal year            quirements to Congress, which will                       I urge my colleagues to support this
                                          for—                                                    help us guide our future efforts to fur-               legislation.
                                            (A) educational and professional develop-             ther improve the patent system.                          Mr. Speaker, I ask unanimous con-
                                          ment of those district judges designated                  H.R. 628 has bipartisan support in the               sent to yield the balance of my time to
                                          under subsection (a)(1)(A) in matters relat-
                                                                                                  Judiciary Committee and broad sup-                     the gentleman from California (Mr.
                                          ing to patents and plant variety protection;
                                          and                                                     port from the patent bar and affected                  ISSA).
                                            (B) compensation of law clerks with exper-            industry and trade groups. In 2006 a                     The SPEAKER pro tempore. Is there
                                          tise in technical matters arising in patent             nearly identical bill, H.R. 5418, was re-              objection to the request of the gen-
                                          and plant variety protection cases, to be ap-           ported by the Judiciary Committee and                  tleman from Texas?
                                          pointed by the courts designated under sub-             passed the House under suspension.                       There was no objection.
                                          section (b) to assist those courts in such              The legislation passed the House again                   The SPEAKER pro tempore. The gen-
                                          cases.                                                  under suspension in the last Congress.                 tleman from California will control the
                                            (2) AVAILABILITY OF FUNDS.—Amounts                                                                           balance of the time.
                                                                                                    I urge my colleagues to join me in
                                          made available pursuant to this subsection                                                                       Mr. JOHNSON of Georgia. Mr. Speak-
                                          shall remain available until expended.                  supporting it now.
                                                                                                    I reserve the balance of my time.                    er, first I would like to thank the gen-
                                            The SPEAKER pro tempore. Pursu-                         Mr. SMITH of Texas. Mr. Speaker, I                   tleman from California (Mr. ISSA) for
                                          ant to the rule, the gentleman from                     yield myself such time as I may con-                   his leadership on this bill. It has been
                                          Georgia (Mr. JOHNSON) and the gen-                      sume.                                                  his bill for four sessions of Congress.
                                          tleman from Texas (Mr. SMITH) each                        Mr. Speaker, it is widely recognized                 That tells you how much we need to do
                                          will control 20 minutes. The Chair rec-                 that patent litigation is too expensive,               in order to do something we should
                                          ognizes the gentleman from Georgia.                     too time consuming, and too unpredict-                 have done a while ago. So I’m glad to
                                                           GENERAL LEAVE                          able. H.R. 628 addresses these concerns                support you on this, Mr. ISSA.
                                            Mr. JOHNSON of Georgia. Mr. Speak-                    by authorizing a pilot program in cer-                   Also I thank the ranking member of
                                          er, I ask unanimous consent that all                    tain United States district courts to                  the Judiciary Committee, Mr. LAMONT
                                          Members have 5 legislative days to re-                  promote patent expertise among par-                    SMITH of Texas, for his work in bring-
                                          vise and extend their remarks and in-                   ticipating judges. The need for such a                 ing this bill to the floor in the 111th
                                          clude extraneous material on the bill                   program becomes apparent when one                      Congress.
                                          under consideration.                                    considers that less than 1 percent of all                Mr. Speaker, I yield 3 minutes to the
                                            The SPEAKER pro tempore. Is there                     cases in U.S. district courts are patent               honorable gentleman from California,
                                          objection to the request of the gen-                    cases and that a district court judge                  ADAM SCHIFF.
                                          tleman from Georgia?                                    typically has a patent case proceed                      Mr. SCHIFF. I thank the gentleman.
                                            There was no objection.                               through trial only once every 7 years.                   Mr. Speaker, I want to join in ac-
                                            Mr. JOHNSON of Georgia. I yield my-                   These cases require a disproportionate                 knowledging the leadership of my col-
                                          self such time as I may consume.                        share of attention and judicial re-                    league, DARRELL ISSA from California,
                                            Mr. Speaker, this bill will create a                  sources, and the rate of reversal, unfor-              in developing this bill. He has fought
                                          pilot program to help enhance district                  tunately, remains unacceptably high.                   hard for it for several years now. We
                                          court expertise in patent cases. The                      The premise underlying H.R. 628 is                   are hoping this is the time we succeed.
                                          United States patent system leads the                   that practice makes perfect, or at least               We have a deep interest in improving
                                          world in its strength and effectiveness.                better. Judges who regularly focus on                  the efficiency of the patent process, in
                                          For over two centuries, the incentives                  patent cases can be expected to make                   taking a lot of the costs out, some of
                                          for innovation it supports have helped                  better decisions.                                      the litigation costs and the inefficien-
                                          create the world’s strongest economy.                     Introduced by our colleagues DAR-                    cies in the patent review, and also by
                                          But to ensure that it continues to play                 RELL ISSA and ADAM SCHIFF, this bill is                improving the quality of patents. We
                                          this role, we must be mindful of wheth-                 identical to legislation that the House                are at present trying to work on those
                                          er it is working as efficiently as it                   passed unanimously under suspension                    broader patent reforms. We hope we
                                          could be and whether we can improve                     of the rules in the last two Congresses.               can succeed with those. This bill is a
                                          it.                                                     H.R. 628 requires that the Director of                 win-win situation. Through it, we can
                                            In recent years, concern has arisen                   the Administrative Office of the Courts                expand upon the knowledge and exper-
                                          over the expense and duration of pat-                   to select six district courts to partici-              tise of the courts that decide patent
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                                          ent litigation, as well as the lack of                  pate in a 10-year pilot program that be-               issues. We can allow the courts to iden-
                                          consistency in the patent decisions                     gins no later than 6 months after the                  tify judges that have an interest in this
                                          that are handed down by district                        date of enactment.                                     area and that want to engage in further
                                          courts. This bill should help address                     This bill requires the director to pro-              education to improve the quality of de-
                                          both of those concerns. It is widely be-                vide the Committees on the Judiciary                   cision making.



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                                          H3458                                             CONGRESSIONAL RECORD — HOUSE                                                            March 17, 2009
                                            Unfortunately, these cases are often                  we will ultimately save the American taxpayer          ents heard, but to provide them the ad-
                                          very complex. The result is that you                    money.                                                 ditional tools necessary to do it, and as
                                          get decisions that are too often re-                      The legislation has been passed by the               was said very kindly by both Mr.
                                          versed on appeal. So to the degree that                 House in the 109th and 110th Congresses.               SCHIFF and Mr. JOHNSON, to give them
                                          we can encourage some specialization                    We are pleased that companion legislation              the frequency of those judges who
                                          in the district courts, improve the cost                has been introduced by Senator SPECTER, and            would like to have that frequency of
                                          quality of decisions in the court proc-                 we hope that the other body will act on this           doing more than one case every seven
                                          ess, we can reduce costs and we can im-                 proposal this Congress.                                years. So with that, I again urge pas-
                                          prove the process.                                        While this legislation is an important first         sage of this bill.
                                                                                                  step at addressing needed patent reforms, I               I reserve the balance of my time.
                                                                b 1330
                                                                                                  believe that Congress must continue to work               Mr. JOHNSON of Georgia. Mr. Speak-
                                             So I think that this pilot project is a              on a more comprehensive reform of our patent           er, may I inquire as to how many more
                                          very important step forward.                            system. I look forward to continuing my work           speakers the gentleman from Cali-
                                             Again, I want to congratulate my                     with my colleagues in the Judiciary Committee          fornia has?
                                          colleague. I know how hard he has                       and in Congress to address these issues.                  Mr. ISSA. I would make myself the
                                          worked on this. It is good to have                        Mr. ISSA. Mr. Speaker, I yield myself                last speaker, if the gentleman is pre-
                                          somebody with the experience of get-                    such time as I may consume.                            pared to close.
                                          ting a patent himself. I have some fab-                   I want to thank my partner in this                      Mr. JOHNSON of Georgia. I am pre-
                                          ulous patent ideas, multimillion-dollar                 bill, ADAM SCHIFF. For three Con-                      pared to close if you are.
                                          ideas. I haven’t gotten them patented                   gresses in a row, we have worked to-                      Mr. ISSA. I yield myself 30 seconds to
                                          yet. But when I do, I want to make                      gether and enjoyed a luxury of riches.                 again recognize that this bill has
                                          sure that there is a good, efficient sys-               The bill passes unanimously on suspen-                 passed this House overwhelmingly re-
                                          tem. And should anyone have the un-                     sion, only to be not quite broad enough                peatedly. This time I believe we have
                                          mitigated temerity to actually chal-                    to appeal to some people in the Senate.                perfected on a bipartisan basis with a
                                          lenge one in court, I want judges who                   I think many of those questions were                   companion, including Senator SPECTER
                                          are well educated and understand that                   worked out by agreement in the last                    in the Senate, the ability to move this
                                          my patent is valid and any claim to the                 Congress, and I believe we have a real                 as a separate freestanding bill quickly,
                                          contrary is without merit.                                                                                     and then I look forward to working
                                                                                                  chance of moving this bill into law in
                                             I congratulate my colleague, thank                                                                          particularly with ADAM SCHIFF on
                                                                                                  this Congress.
                                          him for his superb work, and urge my                                                                           these many other pieces of legislation
                                                                                                    I thank Mr. JOHNSON and the ranking
                                          fellow colleagues to support the bill.                                                                         and other reforms that we have talked
                                             I rise today in support of H.R. 628, legisla-        member, HOWARD COBLE, for both being
                                                                                                  cosponsors of this bill. I believe we                  about at length, and of course with the
                                          tion that will enhance expertise in patent                                                                     chairman of the subcommittee, Mr.
                                          cases among district judges, provide district           have made some technical adjustments
                                                                                                  that will inspire not just the three dis-              JOHNSON.
                                          courts with resources and training to reduce                                                                      Ms. JACKSON-LEE of Texas. Mr. Speaker,
                                          the error rates in patent cases, and help re-           tricts of California, but also Massachu-
                                                                                                                                                         I rise in strong support of H.R. 628, the ‘‘Pat-
                                          duce the high cost and lost time associated             setts, New Jersey and some of the
                                                                                                                                                         ent Judges Pilot Program in Certain District
                                          with patent litigation.                                 other major areas in which these types
                                                                                                                                                         Courts.’’ I urge my colleagues to support this
                                             I joined my colleague Mr. ISSA in introducing        of legislation have run into a lot of                  bill. This bill will provide more expertise in skill
                                          this legislation because I believe this proposal        problems, particularly the fact that we                in a difficult area of law: patent law. Americans
                                          will provide us with valuable and important in-         have amended the bill to support those                 hold the patents and patent law as important
                                          sight on the operation of patent litigation in the      jurisdictions which adopt local rules                  integral to our very lives. Patents reward inge-
                                          federal court system.                                   even if they would otherwise not be eli-               nuity and creativity.
                                             In the 109th Congress, the Judiciary Sub-            gible that would allow for this type of                   As the Blackberry litigation demonstrated,
                                          committee on Courts, the Internet, and Intel-           specialization.                                        deficiencies in the current system have the
                                          lectual property held a hearing on improving              On that word, I want to make sure                    ability to paralyze America. Indeed, the New
                                          federal court adjudication of patent cases in           that everyone in the Congress under-                   York Times noted that ‘‘[something] has gone
                                          response to high rates of reversal at the Fed-          stands, on both sides of the dome, that                very wrong with the United States patent sys-
                                          eral Circuit. At this hearing, a number of pro-         when we say specialization, we are not                 tem.’’ The Financial Times opined that ‘‘[i]t is
                                          posed options to address this issue were dis-           trying to create a specialty court; just               time to restore the balance of power in U.S.
                                          cussed. Serious concerns were expressed                 the opposite. We are trying to save the                patent law.’’ Indeed, there has been a cry for
                                          with a number of proposals, including those             district court as we know it. I have had               change in the patent system and increased
                                          that would create new specialized courts and            a number of patents properly adju-                     expertise for many years now.
                                          those that would move all patent cases to ex-           dicated both as a defendant and as a                      The Constitution mandates that we ‘‘pro-
                                          isting specialized courts.                              plaintiff, and what I have discovered is               mote the progress of science and the useful
                                             These concerns centered around the need              that the judges, given the tools at the                arts . . . by securing for limited times to . . .
                                          to maintain generalist judges, to preserve ran-         district court level and given the op-                 inventors the exclusive right to their . . . dis-
                                          dom case assignment, and to continue fos-               portunity to practice more frequently,                 coveries.’’ In order to fulfill the Constitution’s
                                          tering the important legal percolation that cur-        or at least having at least one judge                  mandate, we, as Members of Congress, must
                                          rently occurs among the various district courts.        who has practiced more frequently,                     examine the system periodically to determine
                                          Our proposal aims to avoid these pitfalls.              they will adjudicate these cases prop-                 whether there may be flaws in the system that
                                             H.R. 628 establishes a mechanism to steer            erly. They will make good Markman                      may hamper innovation, including the prob-
                                          patent cases to judges that have the desire             decisions, and they will in fact under-                lems described as decreased patent quality,
                                          and aptitude to hear such cases, while pre-             stand the nuances of patent. Without                   prevalence of subjective elements in patent
                                          serving the principle of random assignment in           that expertise lying in each of the dis-               practice, patent abuse, and lack of qualified
                                          order to prevent forum shopping among the               trict courts, particularly the large                   persons to study patent law. H.R. 628 at-
                                          pilot districts.                                        ones, we undoubtedly will continue to                  tempts to correct some of these problems.
                                             The legislation will also provide the Con-           have cases which get ping-ponged                          H.R. 628 creates a pilot program to increase
                                          gress and the courts with the opportunity to            around and which get decided, unfortu-                 the expertise of U.S. District Court judges who
                                          assess the program on a periodic basis. Re-             nately, incorrectly the first time and                 wish to hear cases that involve issues related
                                          ports will examine whether the program suc-             only decided correctly after they have                 to patents or plant variety protection. The bill
                                          ceeds in developing greater expertise among             come back from the Fed circuit.                        provides for the designation of not less than 6
                                          participating District judges, the extent to              So as many have called for the cre-                  United States district courts in at least 3 dif-
                                          which the program contributes to improving ju-          ation of a specialty court similar to                  ferent circuits to take part in the pilot program.
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                                          dicial efficiency in deciding these cases, and          the appellate court, the Fed circuit, we               In the designated courts, judges who elect to
                                          whether the program should be extended, ex-             are trying here through this patent                    hear patent or plant variety protection cases
                                          panded or made permanent.                               pilot to do just the opposite: to retain               will be designated to do so by the chief judge.
                                             By providing our courts with the resources           at the district court closest to the peo-              Cases will be assigned randomly, but undesig-
                                          they need to carefully consider patent cases,           ple the opportunity to have their pat-                 nated judges may decline to accept patent



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                      H3459
                                          and plant variety protection cases. The bill au-                            H.R. 1429                          and present scientifically accurate informa-
                                          thorizes the expenditure of not less than $5              Be it enacted by the Senate and House of Rep-        tion in a clear and understandable manner.
                                          million per year for up to 10 years to pay for          resentatives of the United States of America in          (B) HIV/AIDS educational materials shall
                                                                                                  Congress assembled,                                    be made available to all inmates at orienta-
                                          the educational and professional development                                                                   tion, at health care clinics, at regular edu-
                                                                                                  SECTION 1. SHORT TITLE.
                                          of designated judges, and for compensation                                                                     cational programs, and prior to release. Both
                                                                                                    This Act may be cited as the ‘‘Stop AIDS
                                          for law clerks with technical expertise related                                                                written and audio-visual materials shall be
                                                                                                  in Prison Act of 2009’’.
                                          to patent and plant variety protection cases to         SEC. 2. COMPREHENSIVE HIV/AIDS POLICY.
                                                                                                                                                         made available to all inmates. These mate-
                                          be appointed by the designated courts.                                                                         rials shall be culturally sensitive, written for
                                                                                                    (a) IN GENERAL.—The Bureau of Prisons
                                             The high cost of patent litigation is widely                                                                low literacy levels, and available in a variety
                                                                                                  (hereinafter in this Act referred to as the
                                          publicized. It is not unusual for a patent suit to                                                             of languages.
                                                                                                  ‘‘Bureau’’) shall develop a comprehensive
                                                                                                                                                           (4) HIV TESTING UPON REQUEST.—
                                          cost each party upwards of $10 million. Ap-             policy to provide HIV testing, treatment,
                                                                                                                                                           (A) Medical personnel shall allow inmates
                                          peals from United States district courts to the         and prevention for inmates within the cor-
                                                                                                                                                         to obtain HIV tests upon request once per
                                          Federal Circuit are frequent, in part because           rectional setting and upon reentry.
                                                                                                                                                         year or whenever an inmate has a reason to
                                          of the perception within the patent community             (b) PURPOSE.—The purposes of this policy
                                                                                                                                                         believe the inmate may have been exposed to
                                                                                                  shall be as follows:
                                          that most district court judges are not suffi-            (1) To stop the spread of HIV/AIDS among
                                                                                                                                                         HIV. Medical personnel shall, both orally
                                          ciently prepared to adjudicate complex, tech-                                                                  and in writing, inform inmates, during ori-
                                                                                                  inmates.
                                          nical patent cases. In 2008, 45 percent of the                                                                 entation and periodically throughout incar-
                                                                                                    (2) To protect prison guards and other per-
                                                                                                                                                         ceration, of their right to obtain HIV tests.
                                          patent cases that were appealed to the Fed-             sonnel from HIV/AIDS infection.
                                                                                                                                                           (B) Medical personnel shall encourage in-
                                          eral Circuit were reversed in whole or in part            (3) To provide comprehensive medical
                                                                                                                                                         mates to request HIV tests if the inmate is
                                          or vacated and remanded. This bill seeks to             treatment to inmates who are living with               sexually active, has been raped, uses intra-
                                          promote consistency among United States dis-            HIV/AIDS.                                              venous drugs, receives a tattoo, or if the in-
                                          trict courts by increasing the expertise of dis-          (4) To promote HIV/AIDS awareness and                mate is concerned that the inmate may have
                                                                                                  prevention among inmates.                              been exposed to HIV/AIDS.
                                          trict court judges, thus providing for more cer-          (5) To encourage inmates to take personal
                                          tainty in intellectual property protection.                                                                      (C) An inmate’s request for an HIV test
                                                                                                  responsibility for their health.                       shall not be considered an indication that
                                             Taken together, these improvements would               (6) To reduce the risk that inmates will             the inmate has put him/herself at risk of in-
                                          bring the American patent system up to speed            transmit HIV/AIDS to other persons in the              fection and/or committed a violation of pris-
                                          for the twenty-first century. Instead of remain-        community following their release from pris-           on rules.
                                          ing a hindrance to innovation and economic              on.                                                      (5) HIV TESTING OF PREGNANT WOMAN.—
                                          growth, the patent system should work for in-             (c) CONSULTATION.—The Bureau shall con-                (A) Medical personnel shall provide routine
                                                                                                  sult with appropriate officials of the Depart-         HIV testing to all inmates who become preg-
                                          ventors, ensuring America’s patent system re-
                                                                                                  ment of Health and Human Services, the Of-             nant.
                                          mains the best in the world and prevents risks          fice of National Drug Control Policy, and the
                                          to innovation.                                                                                                   (B) All HIV tests under this paragraph
                                                                                                  Centers for Disease Control regarding the de-          shall comply with paragraph (9).
                                             I am encouraged by this bill, and I am hope-         velopment of this policy.                                (6) COMPREHENSIVE TREATMENT.—
                                          ful that minorities and women take advantage              (d) TIME LIMIT.—The Bureau shall draft ap-             (A) Medical personnel shall provide all in-
                                          of this pilot program. The patent judges pilot          propriate regulations to implement this pol-           mates who test positive for HIV—
                                          program and pilot program for law clerks pro-           icy not later than 1 year after the date of the          (i) timely, comprehensive medical treat-
                                          vides for the educational and professional de-          enactment of this Act.                                 ment;
                                                                                                  SEC. 3. REQUIREMENTS FOR POLICY.                         (ii) confidential counseling on managing
                                          velopment of the designated district judges in
                                                                                                    The policy created under section 2 shall do          their medical condition and preventing its
                                          matters relating to patent and plant variety            the following:                                         transmission to other persons; and
                                          protection, and for compensating law clerks               (1) TESTING AND COUNSELING UPON INTAKE.—               (iii) voluntary partner notification serv-
                                          with expertise in technical matters arising in            (A) Medical personnel shall provide routine          ices.
                                          patent and plant variety protection cases. This         HIV testing to all inmates as a part of a                (B) Medical care provided under this para-
                                          is yet another step that America is taking to           comprehensive medical examination imme-                graph shall be consistent with current De-
                                          ensure that its patent system is the best in the        diately following admission to a facility.             partment of Health and Human Services
                                          world. I urge my colleagues to support this bill.       (Medical personnel need not provide routine            guidelines and standard medical practice.
                                             Mr. Speaker, I yield back the balance                HIV testing to an inmate who is transferred            Medical personnel shall discuss treatment
                                                                                                  to a facility from another facility if the in-         options, the importance of adherence to
                                          of my time.                                             mate’s medical records are transferred with            antiretroviral therapy, and the side effects of
                                             Mr. JOHNSON of Georgia. Mr. Speak-                   the inmate and indicate that the inmate has            medications with inmates receiving treat-
                                          er, I yield back the balance of my time.                been tested previously.)                               ment.
                                             The SPEAKER pro tempore. The                           (B) To all inmates admitted to a facility              (C) Medical and pharmacy personnel shall
                                          question is on the motion offered by                    prior to the effective date of this policy,            ensure that the facility formulary contains
                                          the gentleman from Georgia (Mr. JOHN-                   medical personnel shall provide routine HIV            all Food and Drug Administration-approved
                                          SON) that the House suspend the rules                   testing within no more than 6 months. HIV              medications necessary to provide com-
                                          and pass the bill, H.R. 628.                            testing for these inmates may be performed             prehensive treatment for inmates living with
                                                                                                  in conjunction with other health services              HIV/AIDS, and that the facility maintains
                                             The question was taken.
                                                                                                  provided to these inmates by medical per-              adequate supplies of such medications to
                                             The SPEAKER pro tempore. In the                      sonnel.                                                meet inmates’ medical needs. Medical and
                                          opinion of the Chair, two-thirds being                    (C) All HIV tests under this paragraph               pharmacy personnel shall also develop and
                                          in the affirmative, the ayes have it.                   shall comply with paragraph (9).                       implement automatic renewal systems for
                                             Mr. ISSA. Mr. Speaker, I object to                     (2) PRE-TEST AND POST-TEST COUNSELING.—              these medications to prevent interruptions
                                          the vote on the ground that a quorum                    Medical personnel shall provide confidential           in care.
                                          is not present and make the point of                    pre-test and post-test counseling to all in-             (D) Correctional staff and medical and
                                          order that a quorum is not present.                     mates who are tested for HIV. Counseling               pharmacy personnel shall develop and imple-
                                             The SPEAKER pro tempore. Pursu-                      may be included with other general health              ment distribution procedures to ensure time-
                                                                                                  counseling provided to inmates by medical              ly and confidential access to medications.
                                          ant to clause 8 of rule XX and the
                                                                                                  personnel.                                               (7) PROTECTION OF CONFIDENTIALITY.—
                                          Chair’s prior announcement, further                       (3) HIV/AIDS PREVENTION EDUCATION.—                    (A) Medical personnel shall develop and
                                          proceedings on this motion will be                        (A) Medical personnel shall improve HIV/             implement procedures to ensure the con-
                                          postponed.                                              AIDS awareness through frequent edu-                   fidentiality of inmate tests, diagnoses, and
                                             The point of no quorum is considered                 cational programs for all inmates. HIV/AIDS            treatment. Medical personnel and correc-
                                          withdrawn.                                              educational programs may be provided by                tional staff shall receive regular training on
                                                           f                                      community based organizations, local health            the implementation of these procedures.
                                                                                                  departments, and inmate peer educators.                Penalties for violations of inmate confiden-
                                           STOP AIDS IN PRISON ACT OF 2009                        These HIV/AIDS educational programs shall              tiality by medical personnel or correctional
                                            Ms. WATERS. Mr. Speaker, I move to                    include information on modes of trans-                 staff shall be specified and strictly enforced.
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                                                                                                  mission, including transmission through                  (B) HIV testing, counseling, and treatment
                                          suspend the rules and pass the bill                     tattooing, sexual contact, and intravenous             shall be provided in a confidential setting
                                          (H.R. 1429) to provide for an effective                 drug use; prevention methods; treatment;               where other routine health services are pro-
                                          HIV/AIDS program in Federal prisons.                    and disease progression. HIV/AIDS edu-                 vided and in a manner that allows the in-
                                            The Clerk read the title of the bill.                 cational programs shall be culturally sen-             mate to request and obtain these services as
                                            The text of the bill is as follows:                   sitive, conducted in a variety of languages,           routine medical services.




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                                          H3460                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                            (8) TESTING, COUNSELING,           AND   REFERRAL     that the initial test under this section be            man of the House Judiciary Com-
                                          PRIOR TO REENTRY.—                                      performed as part of the routine health                mittee, Mr. LAMAR SMITH, ranking
                                            (A) Medical personnel shall provide routine           screening conducted at intake.’’.                      member of the House Judiciary Com-
                                          HIV testing to all inmates no more than 3               SEC. 5. REPORTING REQUIREMENTS.
                                                                                                                                                         mittee, and Mr. BOBBY SCOTT, chair-
                                          months prior to their release and reentry                 (a) REPORT ON HEPATITIS AND OTHER DIS-
                                          into the community. (Inmates who are al-                EASES.—Not later than 1 year after the date
                                                                                                                                                         man of the Judiciary Subcommittee on
                                          ready known to be infected need not be test-            of the enactment of this Act, the Bureau               Crime, Terrorism and Homeland Secu-
                                          ed again.) This requirement may be waived if            shall provide a report to the Congress on Bu-          rity. Their staffs worked closely with
                                          an inmate’s release occurs without sufficient           reau policies and procedures to provide test-          my staff in a bipartisan manner when
                                          notice to the Bureau to allow medical per-              ing, treatment, and prevention education               we drafted this bill 2 years ago, intro-
                                          sonnel to perform a routine HIV test and no-            programs for Hepatitis and other diseases              duced it as H.R. 1943, reported it favor-
                                          tify the inmate of the results.                         transmitted through sexual activity and in-            ably and passed it on suspension. And
                                            (B) All HIV tests under this paragraph                travenous drug use. The Bureau shall consult
                                                                                                  with appropriate officials of the Department           they have been strong supporters of it
                                          shall comply with paragraph (9).
                                            (C) To all inmates who test positive for              of Health and Human Services, the Office of            ever since.
                                          HIV and all inmates who already are known               National Drug Control Policy, and the Cen-                More than a quarter century has
                                          to have HIV/AIDS, medical personnel shall               ters for Disease Control regarding the devel-          passed since AIDS was first discovered,
                                          provide—                                                opment of this report.                                 yet the AIDS virus continues to infect
                                            (i) confidential prerelease counseling on               (b) ANNUAL REPORTS.—                                 and kill thousands of Americans every
                                          managing their medical condition in the                   (1) GENERALLY.—Not later than 2 years                year. Last year, the Centers for Disease
                                          community, accessing appropriate treatment              after the date of the enactment of this Act,
                                                                                                  and then annually thereafter, the Bureau
                                                                                                                                                         Control and Prevention, CDC, released
                                          and services in the community, and pre-                                                                        new estimates of HIV infection which
                                          venting the transmission of their condition             shall report to Congress on the incidence
                                          to family members and other persons in the              among inmates of diseases transmitted                  proves that the HIV/AIDS epidemic is
                                          community;                                              through sexual activity and intravenous                even worse than we thought. The new
                                            (ii) referrals to appropriate health care             drug use.                                              estimates indicate that approximately
                                          providers and social service agencies in the              (2) MATTERS PERTAINING TO VARIOUS DIS-               56,300 new infections occurred in the
                                          community that meet the inmate’s indi-                  EASES.—Reports under paragraph (1) shall               United States in 2006. This figure is ap-
                                          vidual needs, including voluntary partner               discuss—                                               proximately 40 percent higher than
                                          notification services and prevention coun-                (A) the incidence among inmates of HIV/
                                                                                                  AIDS, Hepatitis, and other diseases trans-
                                                                                                                                                         CDC’s previous estimates of 40,000 new
                                          seling services for people living with HIV/                                                                    infections every year.
                                          AIDS; and                                               mitted through sexual activity and intra-
                                                                                                  venous drug use; and                                      Here in our Nation’s capital, health
                                            (iii) a 30-day supply of any medically nec-
                                          essary medications the inmate is currently                (B) updates on Bureau testing, treatment,            officials just announced that the HIV
                                          receiving.                                              and prevention education programs for these            infection rate has reached 3 percent.
                                            (9) OPT-OUT PROVISION.—Inmates shall have             diseases.                                              That is 2,984 residents per every 100,000
                                          the right to refuse routine HIV testing. In-              (3) MATTERS PERTAINING TO HIV/AIDS                   over the age of 15, or 15,120 right here
                                          mates shall be informed both orally and in              ONLY.—Reports under paragraph (1) shall
                                                                                                                                                         in our capital. This is a rate that ex-
                                          writing of this right. Oral and written disclo-         also include—
                                                                                                                                                         ceeds the 1 percent threshold for a se-
                                          sure of this right may be included with other             (A) the number of inmates who tested posi-
                                                                                                  tive for HIV upon intake;                              vere epidemic, and compares to se-
                                          general health information and counseling
                                                                                                    (B) the number of inmates who tested posi-           verely impacted nations in West Afri-
                                          provided to inmates by medical personnel. If
                                          an inmate refuses a routine test for HIV,               tive prior to reentry;                                 ca. This announcement made the head-
                                          medical personnel shall make a note of the                (C) the number of inmates who were not               lines in Sunday’s Washington Post.
                                          inmate’s refusal in the inmate’s confidential           tested prior to reentry because they were re-             We need to take the threat of HIV/
                                          medical records. However, the inmate’s re-              leased without sufficient notice;                      AIDS seriously, and we need to con-
                                          fusal shall not be considered a violation of              (D) the number of inmates who opted-out              front it in every institution in our soci-
                                          prison rules or result in disciplinary action.          of taking the test;                                    ety. That includes our Nation’s prison
                                            (10) EXCLUSION OF TESTS PERFORMED UNDER                 (E) the number of inmates who were tested
                                                                                                  under section 4014(b) of title 18, United
                                                                                                                                                         system.
                                          SECTION 4014(B) FROM THE DEFINITION OF ROU-
                                                                                                  States Code; and                                          In 2005, the Department of Justice re-
                                          TINE HIV TESTING.—HIV testing of an inmate
                                          under section 4014(b) of title 18, United                 (F) the number of inmates under treatment            ported that the rate of confirmed AIDS
                                          States Code, is not routine HIV testing for             for HIV/AIDS.                                          cases in prisons is three times higher
                                          the purposes of paragraph (9). Medical per-               (4) CONSULTATION.—The Bureau shall con-              than in the general population. The De-
                                          sonnel shall document the reason for testing            sult with appropriate officials of the Depart-         partment of Justice also reported that
                                          under section 4014(b) of title 18, United               ment of Health and Human Services, the Of-             2 percent of State prison inmates and
                                          States Code, in the inmate’s confidential               fice of National Drug Control Policy, and the          1.1 percent of Federal prison inmates
                                          medical records.                                        Centers for Disease Control regarding the de-
                                                                                                                                                         were known to be living with HIV/AIDS
                                            (11) TIMELY NOTIFICATION OF TEST RE-                  velopment of reports under paragraph (1).
                                                                                                  SEC. 6. APPROPRIATIONS.
                                                                                                                                                         in 2003. However, the actual rate of HIV
                                          SULTS.—Medical      personnel shall provide
                                          timely notification to inmates of the results             There are authorized to be appropriated              infection in our Nation’s prisons is still
                                          of HIV tests.                                           such sums as may be necessary to carry out             unknown because prison officials do
                                          SEC. 4. CHANGES IN EXISTING LAW.                        this Act.                                              not consistently test prisoners.
                                            (a) SCREENING IN GENERAL.—Section 4014(a)               The SPEAKER pro tempore. Pursu-                         In January of this year, the Journal
                                          of title 18, United States Code, is amended—            ant to the rule, the gentlewoman from                  of the National Medical Association
                                            (1) by striking ‘‘for a period of 6 months or         California (Ms. WATERS) and the gen-                   published an article by Dr. Nina
                                          more’’;                                                 tleman from California (Mr. ISSA) each                 Harawa and Dr. Adaora Adimora on
                                            (2) by striking ‘‘, as appropriate,’’; and            will control 20 minutes.                               ‘‘Incarceration, African Americans and
                                            (3) by striking ‘‘if such individual is deter-          The Chair recognizes the gentle-                     HIV: Advancing a Research Agenda.’’
                                          mined to be at risk for infection with such                                                                    The article confirmed that individuals
                                                                                                  woman from California.
                                          virus in accordance with the guidelines                                                                        at high risk for incarceration also tend
                                                                                                                    GENERAL LEAVE
                                          issued by the Bureau of Prisons relating to
                                          infectious disease management’’ and insert-               Ms. WATERS. Mr. Speaker, I ask                       to be at high risk for HIV infections.
                                          ing ‘‘unless the individual declines. The At-           unanimous consent that all Members                     Incarcerated populations have a high
                                          torney General shall also cause such indi-              may have 5 legislative days to revise                  prevalence of characteristics associ-
                                          vidual to be so tested before release unless            and extend their remarks and include                   ated with HIV infection. These charac-
                                          the individual declines.’’.                             extraneous material on the bill under                  teristics include low socioeconomic
                                            (b) INADMISSIBILITY OF HIV TEST RESULTS               consideration.                                         status, drug use, multiple sex partners,
                                          IN CIVIL AND CRIMINAL PROCEEDINGS.—Sec-                                                                        and histories of sexual abuse and as-
                                                                                                    The SPEAKER pro tempore. Is there
                                          tion 4014(d) of title 18, United States Code, is
                                                                                                  objection to the request of the gentle-                sault.
                                          amended by inserting ‘‘or under the Stop
                                                                                                                                                            Mr. Speaker, I reserve the balance of
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                                          AIDS in Prison Act of 2009’’ after ‘‘under this         woman from California?
                                          section’’.                                                There was no objection.                              my time.
                                            (c) SCREENING AS PART OF ROUTINE SCREEN-                Ms. WATERS. Mr. Speaker, I yield                        Mr. ISSA. Mr. Speaker, I yield myself
                                          ING.—Section 4014(e) of title 18, United                myself such time as I may consume.                     such time as I may consume.
                                          States Code, is amended by adding at the end              Mr. Speaker, I would like to thank                      The Stop AIDS in Prison Act of 2009
                                          the following: ‘‘Such rules shall also provide          my friends, JOHN CONYERS, the chair-                   requires the Federal Bureau of Prisons



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                H3461
                                          to develop comprehensive policy to                      piece of legislation yet undone by this                  I would urge all of my colleagues to
                                          provide HIV testing, treatment, and                     Congress from the previous Congress.                   support this important legislation.
                                          prevention for inmates in Federal pris-                   I reserve the balance of my time.                      Mr. Speaker, I reserve the balance of
                                          ons. This legislation will combat and                     Ms. WATERS. Mr. Speaker, Dr.                         my time.
                                          prevent the continued spread of HIV                     Harawa’s and Dr. Adimora’s article                       Mr. ISSA. Mr. Speaker, I yield myself
                                          and AIDS among prison populations                       also pointed out that incarceration                    such time as I may consume.
                                          and the community at large.                             could provide a window of opportunity                    I think the gentlelady made such a
                                            Mr. Speaker, there are about 200,000                  for reaching at-risk individuals and                   good point that, in fact, we have an ob-
                                          prisoners in the Federal prison system,                 providing them testing, treatment, and                 ligation to recognize that individuals
                                          but the incidence of HIV and AIDS in                    prevention services for HIV and AIDS.                  will return to our community, and
                                          the prison system is difficult to meas-                 Unfortunately, these services are not                  they need to return healthier than they
                                          ure because not all prisoners are rou-                  consistently available in the correc-                  came in. So the requirements in this
                                          tinely tested.                                          tional system.                                         bill, both for testing on the way in and
                                            Mr. Speaker, there is no doubt that                                                                          testing on the way out of prison, are so
                                                                                                                    b 1345                               important.
                                          the prison population, like the popu-
                                          lation of America as a whole, includes                    HIV testing is not required upon                       Mr. Speaker, under Governor Pete
                                          prisoners who are HIV positive and do                   entry and prior to release from Federal                Wilson, I had the honor to serve on his
                                          not know it. In 2006, a report by the                   prisons, nor is testing required in most               prison board for the Prison Work Pro-
                                          U.S. Department of Justice estimated                    State prisons.                                         gram. What I discovered in prison is ex-
                                          that over 1 percent of Federal inmates                    Treatment for HIV/AIDS in the cor-                   actly what the gentlelady from Cali-
                                          were known to be infected with HIV.                     rectional system is often limited by                   fornia is alluding to, that we often in-
                                          The United Nations Joint Program on                     lack of expertise among prison health                  carcerate without doing the other
                                          HIV/AIDS and the U.S. Centers for Dis-                  providers and inadequate access to HIV                 things that should be done—education
                                          ease Control and Prevention have his-                   pharmaceuticals.                                       programs, work programs, drug and al-
                                          torically defined an HIV epidemic as                      Finally, HIV prevention programs                     cohol detoxing programs, and, yes, rec-
                                          occurring when the overall percentage                   are not available in a consistent or                   ognizing that good physical and mental
                                          of disease among residents of a specific                complete fashion throughout the entire                 health are essential, that we have to
                                          geographic area exceeds 1 percent.                      correctional system. That is why we                    make sure that people who are being
                                          That means that the percentage of                       need to pass the Stop AIDS in Prison                   prepared to leave prison are being pre-
                                          prisoners who carry the HIV/AIDS                        Act today. The Stop AIDS in Prison                     pared to not return to prison.
                                                                                                  Act requires the Federal Bureau of                       So I join with the gentlelady in sup-
                                          virus may have reached epidemic pro-
                                                                                                  Prisons to develop a comprehensive                     port of this effort, like so many others
                                          portions.
                                                                                                  policy to provide HIV testing, treat-                  that she has championed over the
                                            The occurrence of HIV and AIDS
                                                                                                  ment, and prevention for inmates in                    years.
                                          cases in Federal prisons is at least
                                                                                                  Federal prisons.                                         Mr. Speaker, I reserve the balance of
                                          three times higher among prison in-
                                                                                                    This bill requires the Bureau of Pris-               my time.
                                          mates than it is among the United                                                                                Ms. WATERS. Mr. Speaker, may I in-
                                          States population as a whole.                           ons to test all prison inmates for HIV
                                                                                                  upon entering prison and again prior to                quire as to how much time I have re-
                                            H.R. 1429 requires routine testing of                                                                        maining.
                                          all Federal prison inmates upon entry                   release from prison unless the inmate
                                                                                                                                                           The SPEAKER pro tempore. The gen-
                                          and prior to release. For all existing in-              absolutely opts out of taking the test.
                                                                                                                                                         tlewoman has 131⁄2 minutes remaining.
                                          mates, testing will be required within 6                Inmates who test positive will be given                  Ms. WATERS. Mr. Speaker, I yield 3
                                          months of enactment. This reasonable                    comprehensive treatment during their                   minutes to the gentlelady from Cali-
                                          requirement will enable prison officials                incarceration and referrals to services                fornia, the Chair of the Congressional
                                          to reduce HIV/AIDS among inmates                        in the community prior to release. All                 Black Caucus, BARBARA LEE.
                                          and provide counseling, prevention,                     inmates, regardless of their test re-                    Ms. LEE of California. I thank the
                                          and health care services for inmates                    sults, will be given HIV prevention edu-               gentlelady for yielding. But also, let
                                          who are infected with the disease.                      cation.                                                me thank you for making sure that we
                                            For those prisoners tested when they                    We are honored to have the support                   stayed on point as it relates to HIV/
                                          enter prison, testing will ensure that                  of many of the prominent HIV/AIDS                      AIDS. And I have to just stop and take
                                          they receive adequate treatment, edu-                   advocacy organizations for the Stop                    a minute and help recall some of this
                                          cation, and prevention services while                   AIDS in Prison Act. These include;                     history.
                                          incarcerated. Similarly, it is important                AIDS Action, The AIDS Institute, the                     Actually, when I was first elected in
                                          that prisoners are tested shortly before                National Minority AIDS Council, the                    1998, you were chairing the Congres-
                                          release into the community so ade-                      AIDS Healthcare Foundation, the HIV                    sional Black Caucus at that point. And
                                          quate services can be coordinated for                   Medicine Association, the Latino Com-                  you recognized what this HIV/AIDS
                                          the prisoners after release. That in                    mission on AIDS, AIDS Project Los                      epidemic was doing in our country, es-
                                          turn will protect the community that                    Angeles, Bienestar, a Latino commu-                    pecially in the African American com-
                                          they then reside in.                                    nity service and advocacy organiza-                    munity.
                                            I believe in thorough punishment for                  tion, and the AmASSI National Health                     I remember you called a meeting—I
                                          criminal offenders because the public                   and Cultural Centers, another commu-                   think you gave us maybe 2 or 3 days,
                                          deserves to be protected; but we have a                 nity service and advocacy organiza-                    but the seriousness of this warranted
                                          duty to treat prisoners humanely and                    tion. The Board of Supervisors of the                  that. People came from all over the
                                          to prevent the spread of HIV/AIDS, not                  County of Los Angeles, which has been                  country. And we talked about what we
                                          just within the prison populations, but                 severely impacted by HIV/AIDS, has                     needed to do, and we sounded the
                                          to the populations they return to.                      also expressed support for this bill.                  alarm.
                                            Mr. Speaker, I would like to thank                      In conclusion, the Stop AIDS in Pris-                  Under your leadership, we developed
                                          my colleagues on the Judiciary Com-                     on Act will help stop the spread of HIV/               the Minority AIDS Initiative. And I
                                          mittee and particularly Congress-                       AIDS among prison inmates, encourage                   must say, you insisted then that it be
                                          woman WATERS for her work on this                       them to take personal responsibility                   comprehensive, and it must be com-
                                          legislation. She has led the way, she                   for their health, and reduce the risk                  plete, and it must be funded. I believe
                                          has pushed hard, and she, with Ranking                  that they will transmit HIV/AIDS to                    at that point we were able to get
                                          Member LAMAR SMITH, bring this bill                     other persons in the community fol-                    maybe $150, $157 million; drop in the
                                          today with broad bipartisan support.                    lowing their release from prison.                      bucket, maybe, but yes, it was a major
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                                          As was said earlier, this bill passed by                  I would like to thank my colleagues                  step in the right direction. We are still
                                          suspension in the last Congress, and we                 who have been involved, especially my                  trying to get up to $650 million for the
                                          would hope that it passes early and is                  colleague from California who is on the                Minority AIDS Initiative.
                                          signed into law at the earliest possible                floor today in support of this legisla-                  But having said that, let me just say,
                                          date. H.R. 1429 remains an important                    tion.                                                  in terms of the comprehensive nature



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                                          H3462                                             CONGRESSIONAL RECORD — HOUSE                                                          March 17, 2009
                                          of what we talked about then and what                      I just have to say today, on behalf of                 As my colleagues will recall, the House
                                          you insisted on, we said that any AIDS                  my constituents, where we declared a                   passed a version of this bill last Congress by
                                          strategy had to be seen from the per-                   state of emergency in 1999 in the Afri-                voice vote. The bill was placed on the legisla-
                                          spective of prevention, care, and treat-                can American community in Alameda                      tive calendar of the Senate, but it was never
                                          ment. In fact, we talked about the dis-                 County, on behalf of the entire coun-                  acted upon. It is my hope that the Senate will
                                          proportionate numbers of African                        try, thank you very much. It is a very                 pass H.R. 1429 during this Congress.
                                          Americans being infected and affected                   hopeful day.                                              I urge my colleagues to support this impor-
                                          and how the resources should be tar-                       I urge support of this bill, and look               tant legislation.
                                          geted to the communities in most need.                  forward to our continuing work and                        Ms. JACKSON-LEE of Texas. Mr. Speaker,
                                            Fast forward to Toronto, Canada, to                   getting it to President Obama’s desk so                I rise in support of H.R. 1429, ‘‘Stop AIDS in
                                          the HIV/AIDS International Con-                         he can sign this into law.                             Prison Act of 2009.’’ I want to thank my col-
                                          ference. And I’ll never forget this—and                    Mr. SMITH of Texas. I am pleased to be              league Congresswoman MAXINE WATERS of
                                          I have to say this because today is real-               original co-sponsor of H.R. 1429, the ‘‘STOP           California for introducing this legislation.
                                          ly a milestone, I think, in Congress-                   AIDS in Prison Act of 2009.’’                             Mr. Speaker, I strongly support H.R. 1429,
                                          woman WATERS’ work around this—we                          The Stop AIDS in Prison Act of 2009 re-             which designed to address the growing impact
                                          were there with the NAACP, we were                      quires the federal Bureau of Prisons to de-            that HIV/AIDS is having on minority commu-
                                          there with all of our black AIDS orga-                  velop a comprehensive policy to provide HIV            nities. According to the Black AIDS Institute,
                                          nizations. And you whispered to me,                     testing, treatment and prevention for inmates          Centers for Disease Control and Prevention
                                          you said, I’m getting ready to do some-                 in federal prisons.                                    (CDC) statistics reveal that African Americans
                                          thing that’s very controversial; some                      This legislation will combat and prevent the        account for half of all new HIV/AIDS cases.
                                          folks may not like it, but are you with                 continued spread of HIV and AIDS among the             Racial and ethnic minorities comprise 69 per-
                                          me? I said, ‘‘Yes, ma’am.’’ You said,                   prison population and the community at large.          cent of new cases, according to the 2005 data
                                          ‘‘We’re going to do a mandatory test-                      There are about 200,000 prisoners in the            released by the CDC. African-American
                                          ing bill.’’ And we talked about it. And                 federal system. But, the incidence of HIV and          women account for the majority of new AIDS
                                          you made it public at that conference,                  AIDS in the prison population is difficult to          cases among women (67 percent in 2004);
                                          and you said you were not going to rest                 measure because not all inmates are routinely          whereas white women account for 17 percent
                                          until this is done. You talked about the                tested.                                                and Latinas 15 percent. The CDC estimates
                                          bill in concept, in terms of stopping                      In a 2006 report, the Justice Department es-        that 73 percent of all children born to HIV in-
                                          AIDS in prison, because you were talk-                  timated that over one percent of federal in-           fected mothers in 2004 were African Amer-
                                          ing about the rates of infection with                   mates were known to be infected with HIV.              ican. HIV/AIDS is now the leading cause of
                                          regard to African American women and                    The United Nations Joint Program on HIV/               death among African Americans ages 25 to
                                          what is taking place in prisons and how                 AIDS and the U.S. Centers for Disease Con-             44—deadlier than heart disease, accidents,
                                          all of our heads really are in the sand                 trol and Prevention have historically defined          cancer, and homicide.
                                          about this, we just didn’t want to deal                 an HIV epidemic as occurring when the overall             The CDC reported that Hispanics accounted
                                          with it at all. But you were determined                                                                        for 18 percent of new diagnoses reported in
                                                                                                  percentage of disease among residents of a
                                          that all of us—the NAACP, all of our                                                                           the 35 areas with long-term, confidential
                                                                                                  specific geographic area exceeds one percent.
                                          groups—were going to deal with it.                         That means that the percentage of prisoners         name-based HIV reporting in the United
                                          Some said it was going to be impossible                                                                        States, and that most Hispanic men were ex-
                                                                                                  who carry the HIV/AIDS virus may have
                                          to do because of mandatory testing re-                                                                         posed to HIV through sexual contact with
                                                                                                  reached epidemic proportions.
                                          quirements. We talked about how to                         The occurrence of HIV and AIDS cases in             other men, followed by injection drug use and
                                          deal with that, and you found a way,
                                                                                                  federal prison is at least three times higher          heterosexual contact; and that most Hispanic
                                          and that is, by allowing anyone who
                                                                                                  among prison inmates than it is among the              women were exposed to HIV through hetero-
                                          wants to opt out to opt out.
                                            I always have to say, Congresswoman                   United States population as a whole.                   sexual contact, followed by injection drug use.
                                                                                                     H.R. 1429 requires routine HIV testing for all         According to the Bureau of Justice Statis-
                                          WATERS, that you always insist on
                                                                                                  federal prison inmates upon entry and prior to         tics, African Americans made up 41 percent of
                                          doing this work—if we have to do it out
                                                                                                  release. For all existing inmates, testing is re-      all inmates in the prison system at the end of
                                          of the box, we will, but where there is
                                                                                                  quired within six months of enactment.                 2004. Since African Americans are dispropor-
                                          a will, there is a way. I think today
                                                                                                     This reasonable requirement will enable             tionately represented in jails and prisons, the
                                          really just demonstrates that where
                                          there is a will, there is a way. And with               prison officials to reduce HIV/AIDS among in-          Stop AIDS in Prison Bill is one way to begin
                                          the bipartisan support now on H.R.                      mates and provide counseling, prevention, and          addressing this problem.
                                                                                                  health care services for inmates who are in-              The ‘‘Stop AIDS in Prison Act of 2009’’ di-
                                          1429, with our President supporting the
                                                                                                  fected with the disease.                               rects the Bureau of Prisons to develop a com-
                                          development of a national AIDS strat-
                                                                                                     For those prisoners tested when they enter          prehensive policy to provide HIV testing, treat-
                                          egy and a national AIDS plan, I have a
                                          lot of hope.                                            prison, such testing will ensure that they re-         ment, and prevention for inmates in federal
                                            The SPEAKER pro tempore. The                          ceive adequate treatment, education and pre-           prisons and upon reentry into the community.
                                          time of the gentlewoman has expired.                    vention services while incarcerated.                   The bill would require initial testing and coun-
                                            Ms. WATERS. I yield to the gentle-                       Similarly, it is important that prisoners are       seling of inmates upon entry into the prison
                                          lady as much time as she may need to                    tested shortly before release into the commu-          system and then ongoing testing available up
                                          continue this wonderful talk she’s giv-                 nity so that adequate services can be coordi-          to once a year upon the request of the inmate,
                                          ing.                                                    nated for the prisoner after release. That, in         or sooner if an inmate is exposed to the HIV/
                                            Ms. LEE of California. I have to say                  turn, will protect the community.                      AIDS virus or becomes pregnant. Further-
                                          I am really excited today because I                        I believe in tough punishment for criminal of-      more, the Bureau of Prisons will be required to
                                          have a lot of hope. When you look at                    fenders because the public deserves to be              make HIV/AIDS counseling and treatment
                                          the numbers in the District of Colum-                   protected. But we have a duty to treat pris-           available to prisoners, and give testing and
                                          bia, for instance, what, 33 percent new                 oners humanely and to rehabilitate them.               treatment referrals to prisoners prior to reen-
                                          infections     for   African    American                   To me, preventing the spread of HIV and             tering the community. The bill protects the
                                          women? When you look at what is hap-                    AIDS among prisoners is an essential part of           confidentiality of prisoners, and allows pris-
                                          pening around the country and when                      humane treatment and rehabilitation.                   oners to refuse routine HIV testing.
                                          you look at the disproportionate rates                     I would like to thank my colleague on the              Finally, the bill contains a requirement that
                                          of African American men in prison, you                  Judiciary Committee, Congresswoman WA-                 the Bureau of Prisons report to Congress, no
                                          can’t help but be thankful today that                   TERS, for her work on this legislation. Ms. WA-        later than one year after enactment, the num-
                                          this bill is on the floor, and with bipar-              TERS and I worked together on earlier versions         ber of inmates who tested positive for HIV
                                          tisan support we’re going to move it off                of this bill in previous sessions of Congress.         upon intake; the number of inmates who test-
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                                          the floor. Because I think that if we                   She has been an energetic partner in this ef-          ed positive prior to reentry; the number of in-
                                          really are being for real about tackling                fort.                                                  mates who were not tested prior to reentry be-
                                          this, we have got to do it, and we have                    I would also like to thank Chairman CON-            cause they were released without sufficient
                                          got to require what this bill requires in               YERS for helping bring this legislation to the         notice; the number of inmates who opted-out
                                          our prisons.                                            House floor today.                                     of taking the test; the number of inmates who



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                     H3463
                                          were tested following exposure incidents; and           American women. The most astounding news                 (b) REFERENCES.—Any reference in a law,
                                          the number of inmates who were under treat-             is that prisons are the only setting in the            map, regulation, document, paper, or other
                                          ment for HIV/AIDS.                                      United States where HIV prevalence is higher           record of the United States to the facility re-
                                             I urge my colleagues to support H.R. 1429                                                                   ferred to in subsection (a) shall be deemed to
                                                                                                  in females than in males, with approximately
                                                                                                                                                         be a reference to the ‘‘John ‘Bud’ Hawk Post
                                          because we must reverse these costly trends.            2.6 percent of female and 1.8 percent of male          Office’’.
                                          Currently, the only cure we have for HIV/AIDS           state prison inmates known to be HIV infected.
                                          is prevention.                                                                                                   The SPEAKER pro tempore. Pursu-
                                                                                                  Further, African-American women make up
                                             Had the bill gone through regular and been                                                                  ant to the rule, the gentleman from
                                                                                                  two-thirds of newly reported HIV cases in fe-
                                          marked up, I was planning on offering an                                                                       Missouri (Mr. CLAY) and the gentleman
                                                                                                  males overall and 34 percent of all female in-
                                          amendment that would permit those infected                                                                     from California (Mr. ISSA) each will
                                                                                                  mates’ cases.
                                          with HIV to elect, on their own volition, to be                                                                control 20 minutes.
                                                                                                     In attempt to counter many assumptions, a
                                          housed separate from the general population                                                                      The Chair recognizes the gentleman
                                                                                                  number of published case studies and a small-
                                          as long as the prison had the facilities. This                                                                 from Missouri.
                                                                                                  er number of retrospective cohort studies have
                                          way, those infected with HIV could be housed                                                                                     GENERAL LEAVE
                                                                                                  described cases of HIV transmission in U.S.
                                          in safety.                                              inmates that occurred during incarceration.               Mr. CLAY. Mr. Speaker, I ask unani-
                                             The HIV/AIDS pandemic is indeed a state of           These studies only suggest that the incarcer-          mous consent that all Members may
                                          emergency in the African-American and His-              ated population needs to be fully included in          have 5 legislative days in which to re-
                                          panic community. We must use all resources              HIV/AIDS prevention and treatment efforts.             vise and extend their remarks.
                                          necessary to defeat this deadly enemy that              There must be a change in people’s attitudes              The SPEAKER pro tempore. Is there
                                          continues to devastate the minority commu-              and the way we promote positive health initia-         objection to the request of the gen-
                                          nity. As Americans, we have a strong history,           tives through our federal prison systems.              tleman from Missouri?
                                          through science and innovation, of detecting,              I, therefore, rise today in strong and unwav-          There was no objection.
                                          conquering and defeating many illnesses. We             ering support of H.R. 1429, The Stop AIDS in              Mr. CLAY. Mr. Speaker, I yield my-
                                          must and we will continue to fight HIV/AIDS             Prison Act, which would require routine HIV            self such time as I may consume.
                                          until the battle is won.                                testing for all federal prison inmates upon               Mr. Speaker, as a member of the
                                             Mr. Speaker, I strongly support H.R. 1429,           entry and prior to release from prison, provide        House subcommittee with jurisdiction
                                          ‘‘Stop AIDS in Prisons Act of 2009,’’ and urge          inmates with education and treatment, and re-          over the U.S. Postal Service, I am
                                          my colleagues to support it as well.                    duces the risks they may pose of transmitting          pleased to present for consideration
                                             Mrs. CHRISTENSEN. Mr. Speaker, incar-                HIV/AIDS to others in their communities after          H.R. 955, a bill to designate the U.S.
                                          ceration rates in the United States have sky-           their release.                                         postal facility located at 10355 North-
                                          rocketed through the years. Approximately 2.3              We all should support H.R. 1429 and en-             east Valley Road in Rollingbay, Wash-
                                          million Americans are incarcerated and more             sure that incarcerated and ex-offender popu-           ington, as the ‘‘John ‘‘Bud’’ Hawk Post
                                          than 1 in 100 American adults were incarcer-            lations have access to adequate and realistic          Office.’’
                                          ated just at the start of 2008. Although the ac-        HIV prevention methods, receive voluntary                 Introduced by Representative JAY
                                          tual rates of HIV/AIDS infections in our na-            and confidential HIV testing and are rolled into       INSLEE on February 10, 2009 and re-
                                          tion’s prisons are not known due the fact that          adequate HIV/AIDS-related care, treatment              ported out of our full committee by
                                          current prison officials do not consistently test       and services.                                          voice vote on March 10, 2009, H.R. 955
                                          their prisoners; we see how this epidemic is               Mr. ISSA. Mr. Speaker, I yield back                 enjoys the support of the State of
                                          effecting our nation and especially devastating         the balance of my time.                                Washington’s entire House delegation.
                                          the African American community.                            Ms. WATERS. Mr. Speaker, I would                       A long time resident of Bremerton,
                                             An estimated 20 percent–26 percent of all            like to thank Congresswoman BARBARA                    Washington, Sergeant John ‘‘Bud’’
                                          Americans living with HIV/AIDS are incarcer-            LEE for rushing to the floor to partici-               Hawk received the Medal of Honor, the
                                          ated at some point and are frequently incar-            pate in the presentation of this bill,                 U.S. military’s highest commendation,
                                          cerated during the course of their disease.             and I yield back the balance of my                     from President Harry S. Truman on
                                          Persons at risk for incarceration are more like-        time.                                                  July 13, 1945. Following his military ca-
                                          ly than others in our nation to be at high risk            The SPEAKER pro tempore. The                        reer, Sergeant Hawk continued his de-
                                          for HIV/AIDS infections especially related to           question is on the motion offered by                   votion to public service by serving as a
                                          risky behavioral practices and characteristics.         the gentlewoman from California (Ms.                   longtime educator in Bremerton, Wash-
                                          These risk characteristics include minimal edu-         WATERS) that the House suspend the                     ington.
                                          cation, drug use, low socioeconomic status,             rules and pass the bill, H.R. 1429.                       In April of last year, Sergeant Hawk
                                          multiple sex partners, a high prevalence of                The question was taken; and (two-                   was again honored for his bravery dur-
                                          sexually transmitted infections, and histories of       thirds being in the affirmative) the                   ing World War II as he was presented
                                          sexual abuse and assault. This also renders             rules were suspended and the bill was                  with a Medal of Honor flag at
                                          those in prison who are infected to become              passed.                                                Olympia’s Capitol Rotunda by Briga-
                                          vulnerable to a whole range of other diseases.             A motion to reconsider was laid on                  dier General Gordon Toney, Com-
                                          In custody HIV transmission occur through               the table.                                             mander of the Washington Army Na-
                                          sexual activity, needle-sharing for drug injec-                                                                tional Guard.
                                                                                                                    f                                       Mr. Speaker, Sergeant Hawk’s serv-
                                          tion, tattooing with unsterilized equipment, and
                                          contact with blood or mucous membranes                   JOHN ‘‘BUD’’ HAWK POST OFFICE                         ice stands as a testament to the brave
                                          through violence.                                         Mr. CLAY. Mr. Speaker, I move to                     men and women that have served and
                                             Incarceration is a crisis among African              suspend the rules and pass the bill                    continue to serve our Nation at home
                                          Americans. Research and data show that Afri-            (H.R. 955) to designate the facility of                and abroad. And it is my hope that we
                                          can Americans are disproportionately more               the United States Postal Service lo-                   can further honor this distinguished
                                          likely than any other racial and ethnic group to        cated at 10355 Northeast Valley Road in                veteran through the passage of H.R.
                                          be at risk for incarceration. In fact African           Rollingbay, Washington, as the ‘‘John                  955.
                                          Americans constitute just 13 percent of the             ‘Bud’ Hawk Post Office’’.                                 I urge my colleagues to support this
                                          American population but make up 44 percent                The Clerk read the title of the bill.                bill.
                                          of all prison and jail inmates. I am sure it is           The text of the bill is as follows:                     Mr. Speaker, I reserve the balance of
                                          not surprising to see the correlation between                                                                  my time.
                                                                                                                      H.R. 955
                                          this statistic and also the statistics that show                                                                  Mr. ISSA. Mr. Speaker, I yield myself
                                          that African Americans account for the major-             Be it enacted by the Senate and House of Rep-        such time as I may consume.
                                                                                                  resentatives of the United States of America in
                                          ity of new AIDS cases, the majority of new                                                                        Mr. Speaker, I rise today in strong
                                                                                                  Congress assembled,
                                          HIV infections, and the majority of HIV deaths.                                                                support of this bill designating the fa-
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                                                                                                  SECTION 1. JOHN ‘‘BUD’’ HAWK POST OFFICE.
                                          The prevalence of HIV/AIDS in incarcerated                                                                     cility of the United States Postal Serv-
                                                                                                    (a) DESIGNATION.—The facility of the
                                          men and women is 3–5 times that of the gen-             United States Postal Service located at 10355          ice located at 10355 Northeast Valley
                                          eral population.                                        Northeast Valley Road in Rollingbay, Wash-             Road in Rollingbay, Washington, as the
                                             Particularly affected by the HIV/AIDS epi-           ington, shall be known and designated as the           ‘‘John ‘‘Bud’’ Hawk Post Office Build-
                                          demic in incarcerated populations are African           ‘‘John ‘Bud’ Hawk Post Office’’.                       ing.’’



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                                          H3464                                             CONGRESSIONAL RECORD — HOUSE                                                           March 17, 2009
                                            Bud Hawk embodies, in every sense,                    mend him for both of those acts of her-                who isn’t Irish here today. Perhaps a
                                          the word ‘‘hero.’’ In June of 1945, Presi-              oism.                                                  few with orange but most with green.
                                          dent Truman placed a Congressional                        My colleagues have talked about why                    Mr. Speaker, I yield back the balance
                                          Medal of Honor around John ‘‘Bud’’                      he won the Congressional Medal of                      of my time.
                                          Hawk’s neck on the Capitol steps in                     Honor, and I have to tell you if you ac-                 Mr. CLAY. Mr. Speaker, at this time
                                          Olympia in his home State of Wash-                      tually read this, you would be mightily                I urge my colleagues to support H.R.
                                          ington. With this bill, we are honoring                 impressed by a fellow who on one day                   955.
                                          John again, this time in the Nation’s                   at the Battle of the Falaise Gap essen-                  Mr. Speaker, I yield back the balance
                                          Capitol, and this time not only for his                 tially with his machine gun squad de-                  of my time.
                                                                                                  stroyed two enemy tanks while he was                     The SPEAKER pro tempore (Mr.
                                          heroic efforts in World War II, but for
                                                                                                  already severely wounded and, after he                 SERRANO). The question is on the mo-
                                          his lifetime of service.
                                                                                                                                                         tion offered by the gentleman from
                                            John first earned the Nation’s grati-                 was severely wounded, leading to the
                                                                                                                                                         Missouri (Mr. CLAY) that the House
                                          tude and respect during World War II                    surrender of hundreds of German pris-
                                                                                                                                                         suspend the rules and pass the bill,
                                          when his heroism was instrumental in                    oners, still refused medical treatment.
                                                                                                                                                         H.R. 955.
                                          destroying two enemy tanks and forc-                    He was a hero several times in 1 day,                    The question was taken; and (two-
                                          ing the surrender of more than 500                      and he was then injured three more                     thirds being in the affirmative) the
                                          enemy combatants in August of 1944.                     times during World War II, and we still                rules were suspended and the bill was
                                            Sergeant Hawk showed fearless ini-                    honor him for that.                                    passed.
                                          tiative and heroic conduct, even while                    But I want to just highlight some-                     A motion to reconsider was laid on
                                          suffering from a painful wound. Under                   thing that he earned not in 1 day but                  the table.
                                          heavy enemy fire, John ran back and                     he earned the honor and affection of                                     f
                                          forth toward the enemy in order to                      hundreds, if not thousands, of people in
                                          give the American tanks correct tar-                    our community.                                         REDUCING INFORMATION CONTROL
                                          geting directions. John sacrificed his                    After he got back from World War II,                          DESIGNATIONS ACT
                                          already wounded body to act as a                        he came home and got a degree in biol-                   Mr. CLAY. Mr. Speaker, I move to
                                          human firing director for the American                  ogy. He worked for 7 years to do that,                 suspend the rules and pass the bill
                                          tanks. His action came at the end of                    and he started teaching fifth and sixth                (H.R. 1323) to require the Archivist of
                                          the Battle of Normandy. In gratitude                    grade, first at Tracyton Elementary in                 the United States to promulgate regu-
                                          for his help in the liberation of their                 Bremerton and later at nearby Browns-                  lations regarding the use of informa-
                                          country, John was awarded France’s                      ville Elementary. He eventually be-                    tion control designations, and for other
                                          Legion of Honor in 2007. John also re-                  came a teaching principal and taught                   purposes, as amended.
                                          ceived four Purple Hearts for four sepa-                classes while he was running the                         The Clerk read the title of the bill.
                                          rate times he was wounded during his                    school. He served 31 years as an educa-                  The text of the bill is as follows:
                                          enlistment.                                             tor and retired in 1983 as principal of                                    H.R. 1323
                                            But John’s heroics did not end when                   Woodlands Elementary in Bremerton.                       Be it enacted by the Senate and House of Rep-
                                                                                                    And I just want to read something                    resentatives of the United States of America in
                                          he returned home from World War II. A
                                                                                                                                                         Congress assembled,
                                          longtime teacher and principal in                       that a lot of people feel in our commu-
                                                                                                                                                         SECTION 1. SHORT TITLE.
                                          Bremerton, Washington, he has been a                    nity of Bainbridge and Bremerton,                        This Act may be cited as the ‘‘Reducing In-
                                          familiar face who has had tremendous                    something a former student of Mr.                      formation Control Designations Act’’.
                                          impact on countless schoolchildren in                   Hawk’s wrote in a University of Wash-                  SEC. 2. PURPOSE.
                                          his community. To this day, he re-                      ington Alumni magazine, recalling 1                      The purpose of this Act is to increase Gov-
                                          mains a personal hero of his students                   year he spent as Mr. Hawk’s student.                   ernmentwide information sharing and the
                                          for the humility and strength of char-                  This former student wrote:                             availability of information to the public by
                                                                                                    ‘‘Ascribe it to my then youthful im-                 standardizing and limiting the use of infor-
                                          acter that he has instilled. That                                                                              mation control designations.
                                          strength of character and humility is                   pressionableness, if you will, but John
                                                                                                                                                         SEC. 3. REGULATIONS RELATING TO INFORMA-
                                          embodied in John Hawk and is, today,                    Hawk was then and remains still a per-                            TION   CONTROL   DESIGNATIONS
                                          the reason that we recognize him as a                   sonal hero of mine for the humanity                               WITHIN THE FEDERAL GOVERN-
                                                                                                  and strength of character he taught his                           MENT.
                                          hero and Medal of Honor recipient, and
                                                                                                  students, along with the more mun-                       (a) REQUIREMENT TO REDUCE AND MINIMIZE
                                          a lifetime hero to children in his home                                                                        INFORMATION CONTROL DESIGNATIONS.—Each
                                          community.                                              dane subjects of math, science, and his-
                                                                                                                                                         Federal agency shall reduce and minimize its
                                                                                                  tory. I count myself fortunate to have
                                                           b 1400                                 spent that year as his student. And I
                                                                                                                                                         use of information control designations on
                                                                                                                                                         information that is not classified.
                                            I urge my colleagues to support this                  relish the opportunity all these years                   (b) ARCHIVIST RESPONSIBILITIES.—
                                          bill that demonstrates our gratitude                    later to say what I at age 11 didn’t                     (1) REGULATIONS.—The Archivist of the
                                          for the life and contribution of John                   know to say: For both a year of edu-                   United States shall promulgate regulations
                                          ‘‘Bud’’ Hawk, from his heroics in the                   cation and for your lifetime of service                regarding the use of information control des-
                                          battlefield to one might say his heroics                                                                       ignations.
                                                                                                  to your country and to humanity,                         (2) REQUIREMENTS.—The regulations under
                                          in the classroom.                                       thank you, Mr. Hawk.’’                                 this subsection shall address, at a minimum,
                                            Mr. Speaker, I reserve the balance of                   So on this day of honoring Mr. Hawk                  the following:
                                          my time.                                                by naming the Rollingbay Post Office                     (A) Standards for utilizing the information
                                            Mr. CLAY. Mr. Speaker, at this time                   in his honor, we want to say thank                     control designations in a manner that is nar-
                                          I yield 4 minutes to my good friend                     you, Mr. Hawk.                                         rowly tailored to maximize public access to
                                          from the State of Washington (Mr. INS-                    I know Mr. ISSA noted the bagpipes                   information.
                                          LEE).                                                   we heard just a few moments ago. They                    (B) The process by which information con-
                                            Mr. INSLEE. Mr. Speaker, I would                                                                             trol designations will be removed.
                                                                                                  were honoring a great Irishman who’s
                                                                                                                                                           (C) Procedures for identifying, marking,
                                          commend this resolution to the House.                   now    President,    President    Barack               dating, and tracking information assigned
                                          This really is a great American story                   Obama. All of the Irish are celebrating                the information control designations, includ-
                                          of truly a great American hero.                         John ‘‘Bud’’ Hawk’s celebration. There                 ing the identity of officials making the des-
                                            John ‘‘Bud’’ Hawk is a son of                         is a young lad, a young Irishman,                      ignations.
                                          Rollingbay, Washington. He grew up                      named Brody in Bainbridge Island. He’s                   (D) Provisions to ensure that the use of in-
                                          playing with his sister around the post                 honoring Bud.                                          formation control designations is minimized
                                          office we’re about to name in his honor                   Thank you, Mr. Hawk. And thank                       and cannot be used on information—
                                          in the little community of Rollingbay,                  you for the country in passing this res-                 (i) to conceal violations of law, ineffi-
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                                                                                                                                                         ciency, or administrative error;
                                          Washington. And he’s a fellow who an-                   olution.                                                 (ii) to prevent embarrassment to Federal,
                                          swered the Nation’s call in the 1940s                     Mr. ISSA. Mr. Speaker, I yield myself                State, local, tribal, or territorial govern-
                                          and was a hero in the 1940s, but was a                  30 seconds to say from the ‘‘O’Issas’’ to              ments or any official, agency, or organiza-
                                          hero for several decades to the students                the ‘‘Obamas,’’ everyone is an Irishman                tion thereof; any agency; or any organiza-
                                          he educated. And I just want to com-                    here today. I’m sure there isn’t anyone                tion;




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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                      H3465
                                            (iii) to improperly or unlawfully interfere             (1) assess whether applicable policies, pro-         duct its oversight authorities over agencies;
                                          with competition in the private sector;                 cedures, rules, and regulations have been fol-         and
                                            (iv) to prevent or delay the release of infor-        lowed;                                                   (C) ensuring that the policies and proce-
                                          mation that does not require such protec-                 (2) describe any problems with the admin-            dures established by the agencies remain
                                          tion;                                                   istration of the applicable policies, proce-           consistent with those established by the Ar-
                                            (v) if it is required to be made available to         dures, rules and regulations, including spe-           chivist of the United States.
                                          the public; or                                          cific non-compliance issues;                             (2) SUNSET OF DETAILEE PROGRAM.—Except
                                            (vi) if it has already been released to the             (3) recommend improvements in awareness              as otherwise provided by law, this subsection
                                          public under proper authority.                          and training to address any problems identi-           shall cease to have effect on December 31,
                                            (E) Provisions to ensure that the presump-            fied under paragraph (2); and                          2012.
                                          tion shall be that information control des-               (4) report to the Committee on Oversight             SEC. 5. RELEASING INFORMATION PURSUANT TO
                                          ignations are not necessary.                            and Government Reform of the House of Rep-                         THE FREEDOM OF INFORMATION
                                            (F) Methods to ensure that compliance                 resentatives, the Committee on Homeland                            ACT.
                                          with this Act protects national security and            Security and Governmental Affairs of the                 (a) AGENCY RESPONSIBILITIES.—The head of
                                          privacy rights.                                         Senate, the Archivist, and the public on the           each Federal agency shall ensure that—
                                            (G) The establishment of requirements                 findings of the Inspector General’s audits               (1) information control designations are
                                          that Federal agencies, subject to chapter 71            under this section.                                    not a determinant of public disclosure pursu-
                                          of title 5, United States Code, implement the             (b) PERSONAL IDENTIFIERS.—                           ant to section 552 of title 5, United States
                                          following:                                                (1) IN GENERAL.—For purposes described in            Code (commonly referred to as the ‘‘Freedom
                                            (i) A process whereby an individual may               paragraph (2), the Archivist of the United             of Information Act’’); and
                                          challenge without retribution the applica-              States shall require that, at the time of des-           (2) all information in the agency’s posses-
                                          tion of information control designations by             ignation of information, the following shall           sion that is releasable is made available to
                                          another individual.                                     appear on the information:                             members of the public pursuant to an appro-
                                            (ii) A method for informing individuals                 (A) The name or personal identifier of the           priate request under such section 552.
                                          that repeated failure to comply with the                individual applying information control des-             (b) RULE OF CONSTRUCTION.—Nothing in
                                          policies, procedures, and programs estab-               ignations to the information.                          this Act shall be construed to prevent or dis-
                                          lished under this section could subject them              (B) The agency, office, and position of the          courage any Federal agency from voluntarily
                                          to a series of penalties.                               individual.                                            releasing to the public any unclassified in-
                                            (iii) Penalties for individuals who repeat-             (2) PURPOSES.—The purposes described in              formation that is not exempt from disclosure
                                          edly fail to comply with the policies, proce-           this paragraph are as follows:                         under section 552 of title 5, United States
                                          dures, and programs established under this                (A) To enable the agency to identify and             Code (commonly referred to as the ‘‘Freedom
                                          section after having received both notice of            address misuse of information control des-             of Information Act’’).
                                          their noncompliance and appropriate train-              ignations, including the misapplication of             SEC. 6. DEFINITIONS.
                                          ing or re-training to address such noncompli-           information control designations to informa-              In this Act:
                                          ance.                                                   tion that does not merit such markings.                   (1) INFORMATION CONTROL DESIGNATIONS.—
                                            (H) Procedures for members of the public                (B) To assess the information sharing im-            The term ‘‘information control designa-
                                          to be heard regarding improper applications             pact of any such problems or misuse.                   tions’’ means information dissemination
                                          of information control designations.                      (c) TRAINING.—The Archivist, subject to              controls, not defined by Federal statute or
                                            (I) A procedure to ensure that all agency             chapter 71 of title 5, United States Code, and         by an Executive order relating to the classi-
                                          policies and standards for utilizing informa-           in coordination with the heads of Federal              fication of national security information,
                                          tion control designations that are issued               agencies, shall—                                       that are used to manage, direct, or route in-
                                          pursuant to subsection (c) be provided to the             (1) require training as needed for each indi-        formation, or control the accessibility of in-
                                          Archivist and that such policies and stand-             vidual who applies information control des-            formation, regardless of its form or format.
                                          ards are made publicly available on the                 ignations, including—                                  The term includes, but is not limited to, the
                                          website of the National Archives and                      (A) instruction on the prevention of the             designations of ‘‘controlled unclassified in-
                                          Records Administration.                                 overuse of information control designations;           formation’’, ‘‘sensitive but unclassified’’, and
                                            (3) CONSULTATION.—In promulgating the                   (B) the standards for applying information           ‘‘for official use only’’.
                                          regulations, the Archivist shall consult with           control designations;                                     (2) INFORMATION.—The term ‘‘information’’
                                          the heads of Federal agencies and with rep-               (C) the proper application of information            means any communicable knowledge or doc-
                                          resentatives of State, local, tribal, and terri-        control designations, including portion                umentary material, regardless of its physical
                                          torial governments; law enforcement enti-               markings;                                              form or characteristics, that is owned by, is
                                          ties; organizations with expertise in civil               (D) the consequences of repeated improper            produced by or for, or is under the control of
                                          rights, employee and labor rights, civil lib-           application of information control designa-            the Federal Government.
                                          erties, and government oversight; and the               tions, including the misapplication of infor-             (3) FEDERAL AGENCY.—The term ‘‘Federal
                                          private sector, as appropriate.                         mation control designations to information             agency’’ means—
                                            (c) AGENCY RESPONSIBILITIES.—The head of              that does not merit such markings, and of                 (A) any Executive agency, as that term is
                                          each Federal agency shall implement the                 failing to comply with the policies and pro-           defined in section 105 of title 5, United States
                                          regulations promulgated by the Archivist                cedures established under or pursuant to this          Code;
                                                                                                  section; and                                              (B) any military department, as that term
                                          under subsection (b) in the agency in a man-
                                                                                                    (E) information relating to lessons learned          is defined in section 102 of such title; and
                                          ner that ensures that—
                                                                                                  about improper application of information                 (C) any other entity within the executive
                                            (1) information can be shared within the
                                                                                                  control designations, including lessons                branch that comes into the possession of
                                          agency, with other agencies, and with State,
                                                                                                  learned pursuant to the regulations and In-            classified information.
                                          local, tribal, and territorial governments,
                                                                                                  spector General audits required under this             SEC. 7. DEADLINE FOR REGULATIONS AND IM-
                                          the private sector, and the public, as appro-
                                                                                                  Act and any internal agency audits; and                           PLEMENTATION.
                                          priate;
                                                                                                    (2) ensure that such program is conducted              Regulations shall be promulgated in final
                                            (2) all policies and standards for utilizing
                                                                                                  efficiently, in conjunction with any other se-         form under this Act, and implementation of
                                          information control designations are con-
                                                                                                  curity, intelligence, or other training pro-           the requirements of this Act shall begin, not
                                          sistent with such regulations;
                                                                                                  grams required by the agency to reduce the             later than 24 months after the date of the en-
                                            (3) the number of individuals with author-
                                                                                                  costs and administrative burdens associated            actment of this Act.
                                          ity to apply information control designa-
                                          tions is limited; and                                   with the additional training required by this            The SPEAKER pro tempore. Pursu-
                                            (4) information control designations may              section.                                               ant to the rule, the gentleman from
                                          be placed only on the portion of information              (d) DETAILEE PROGRAM.—                               Missouri (Mr. CLAY) and the gentleman
                                          that requires control and not on the entire               (1) REQUIREMENT FOR PROGRAM.—The Ar-
                                                                                                  chivist, subject to chapter 71 of title 5,
                                                                                                                                                         from California (Mr. ISSA) each will
                                          material.                                                                                                      control 20 minutes.
                                                                                                  United States Code, shall implement a
                                          SEC. 4. ENFORCEMENT OF INFORMATION CON-                 detailee program to detail Federal agency                The Chair recognizes the gentleman
                                                     TROL DESIGNATION REGULATIONS                 personnel, on a nonreimbursable basis, to the          from Missouri.
                                                     WITHIN THE FEDERAL GOVERN-
                                                     MENT.
                                                                                                  National Archives and Records Administra-                                GENERAL LEAVE
                                                                                                  tion, for the purpose of—                                Mr. CLAY. Mr. Speaker, I ask unani-
                                            (a) INSPECTOR GENERAL RESPONSIBILITIES.—                (A) training and educational benefit for             mous consent that all Members may
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                                          The Inspector General of each Federal agen-             agency personnel assigned so that they may
                                          cy, in consultation with the Archivist, shall           better understand the policies, procedures,
                                                                                                                                                         have 5 legislative days in which to re-
                                          randomly audit unclassified information                 and laws governing information control des-            vise and extend their remarks.
                                          with information control designations. In               ignations;                                               The SPEAKER pro tempore. Is there
                                          conducting any such audit, the Inspector                  (B) bolstering the ability of the National           objection to the request of the gen-
                                          General shall—                                          Archives and Records Administration to con-            tleman from Missouri?



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                                          H3466                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                            There was no objection.                               treating information that develops                     of these pseudo-classifications within
                                            Mr. CLAY. Mr. Speaker, at this time                   within their agency in a restricted                    the government. The citizens of our
                                          I want to yield 3 minutes to the distin-                fashion. We need to have government-                   Nation have an inherent right to the
                                          guished chairman of the House Over-                     wide solutions that make the max-                      information that the government col-
                                          sight and Government Reform Com-                        imum amount of information possible                    lects so long as it’s not of a sensitive
                                          mittee, the gentleman from New York                     available to the public, and even if it is             nature. The bill promotes transparency
                                          (Mr. TOWNS).                                            not available to the public, it must be                and government efficiency by pro-
                                            Mr. TOWNS. I would like to thank                      classified at the most appropriate and                 moting a common language within gov-
                                          the gentleman from Missouri for yield-                  lowest level in order to ensure its sen-               ernment. It was introduced by Con-
                                          ing me 3 minutes.                                       sitive treatment.                                      gressman WAXMAN last year, who was
                                            Mr. Speaker, H.R. 1323, the Reducing                    For that reason I support, with the                  chairing the committee, and passed
                                          Information Control Designations Act,                   chairman, this piece of legislation that               this House without objection.
                                          introduced        by      Representative                will reduce or eliminate the prolifera-                  Specifically, the bill has several com-
                                          DRIEHAUS, is an important piece of leg-                 tion of terms such as ‘‘sensitive but un-              ponents. It instructs the Archivist to
                                          islation that will improve public access                classified’’ or ‘‘for official use only,’’             create regulations that control what is
                                          to unclassified information. I am                       designations which essentially mean                    classified and how it would be classi-
                                          pleased to be a cosponsor of this bill.                 nothing but clearly cause trepidation                  fied with the input of agency stake-
                                            This week has been designated as
                                                                                                  in the release of documents. Many or-                  holders. It provides training for agency
                                          Sunshine Week, and this bill will help
                                                                                                  ganizations under the Freedom of In-                   employees who classify information. It
                                          bring more sunshine to the Federal
                                                                                                  formation Act have had to deal with                    calls for random audits of these mate-
                                          Government. Our democracy requires
                                                                                                  redaction of these comparatively and                   rials by Inspectors General to ensure
                                          that citizens be able to access informa-
                                                                                                  usually meaningless terms.                             compliance. It requires personal identi-
                                          tion about how their government is
                                                                                                    So I join with the gentleman from                    fiers to be placed on classified informa-
                                          working and how it is spending their
                                                                                                  Ohio, the chairman of the full com-                    tion in order to track and uphold regu-
                                          tax dollars. This bill is the latest step
                                                                                                  mittee, and the chairman of the sub-                   lations. And it restricts information
                                          that the Oversight Committee has
                                                                                                  committee, Mr. CLAY, in asking that                    from being classified that is not of a
                                          taken to advance that goal.
                                            In January we passed bills to open up                 this important piece of legislation be                 sensitive nature.
                                          presidential records and information                    moved under suspension because, al-                      Essentially, Mr. Speaker, what this
                                          on presidential libraries. The stimulus                 though important, it is not controver-                 bill does is it allows the agencies of our
                                          package requires that all spending in-                  sial and its time has come.                            government to not only talk with each
                                          formation be posted online at recov-                      Mr. Speaker, I reserve the balance of                other, but it allows the people to have
                                          ery.gov, and we are holding a hearing                   my time.                                               access to the information and the deci-
                                          on Thursday to examine how the trans-                     Mr. CLAY. I want to thank the rank-                  sions being made by their government.
                                                                                                  ing member, Mr. ISSA, for his remarks.
                                          parency provisions of the stimulus bill                                                                                          b 1415
                                          are being implemented. And we are                         Mr. Speaker, I want to recognize one
                                                                                                  of our newest members on the com-                        It is an important step in the right
                                          moving forward to obtain information                                                                           direction. I would only give you one ex-
                                          from all Wall Street banks that receive                 mittee, the gentleman from Ohio (Mr.
                                                                                                  DRIEHAUS) for 5 minutes. And, by the                   ample to prove the point.
                                          bailout money, including AIG, on how                                                                             In 2008, and I think this was enlight-
                                          they are spending that money, espe-                     way, this is his inaugural bill on the
                                                                                                  floor, so I want to congratulate him                   ening, there were over 362,000 requests
                                          cially the bonuses. What these Wall
                                                                                                  too.                                                   under the Freedom of Information Act
                                          Street firms need to understand is that
                                                                                                    Mr. DRIEHAUS. A happy St. Pat-                       to the Federal Government; 121,833 of
                                          if they are being supported by the tax-
                                                                                                  rick’s Day to you, Mr. Speaker.                        those requests still remain to be proc-
                                          payers, which they are, sunshine ap-
                                                                                                    I very much appreciate the com-                      essed, and that is because of overclassi-
                                          plies to them also, and we will make
                                                                                                  ments of the gentleman from Missouri                   fication of documents.
                                          that happen.
                                            I would like to thank the gentleman                   and certainly the comments of Mr.                        It’s not about documents of a sen-
                                          from Ohio (Mr. DRIEHAUS) for taking                     ISSA from California as well as our                    sitive nature not being turned over to
                                          the lead on this bill and the Chair of                  chairman. This is an important issue,                  the public, it is about making informa-
                                          the Information Policy Subcommittee,                    and I appreciate having the support of                 tion available to the public in an easier
                                          Mr. CLAY, for all his work on bringing                  both the ranking member and the                        fashion. That’s what this bill is about.
                                          sunshine to the government. I also                      chairman of the committee as we move                     I appreciate the support of the chair-
                                          want to thank the ranking member,                       forward on the Government Reform                       man and the ranking member.
                                          Mr. ISSA, for working together with us                  and Oversight Committee in really                        Mr. ISSA. Mr. Speaker, I yield myself
                                          on these sunshine bills.                                looking at how documents are classi-                   2 minutes. I join with the gentleman in
                                            President Obama has indicated re-                     fied in the United States Government.                  his    comments      and    would    only
                                          peatedly that we need more trans-                         As was mentioned by the chairman,                    anecdotally tell you that this is the tip
                                          parency in our government. In almost                    this is Sunshine Week. And Sunshine                    of the iceberg, and this committee is
                                          every speech, he has indicated that. I                  Week is about shining the bright light                 dedicated to drilling down deeply.
                                          agree with that goal. And this bill is an               on government to help people better                      We want to know where our money
                                          important step towards it.                              understand what decisions are being                    has gone for TARP, we want to know
                                            I urge my colleagues to support this                  made on their behalf because the infor-                where stimulus money is spent, both at
                                          legislation. And, of course, on that                    mation is the people’s information.                    the contractor and subcontractor level
                                          note I would like to just commend the                     But when we look at the records and                  and beyond. We want to make sure
                                          gentleman from Missouri and, of                         we look at the classification of docu-                 that America’s taxpayer dollars are
                                          course, the gentleman from California                   ments in the Federal Government, we                    well taken care of and transparent.
                                          for their outstanding work.                             find confusion. Since 1979 there have                    I will share with you something that
                                            Mr. ISSA. Mr. Speaker, I yield myself                 been six separate GAO reports talking                  perhaps you hadn’t known, and that is
                                          such time as I may consume.                             about the over-classification of docu-                 that our government inflicts more
                                            Mr. Speaker, often we bring a bill                    ments; yet nothing has been done by                    wounds than you have yet seen, and
                                          under suspension that’s considered not                  Congress to address this growing prob-                 you are going to see more in your time.
                                          to be overly important. This one is just                lem. Today there are over 107 different                Just last year I visited a location in
                                          the opposite. Transparency in govern-                   classifications. Some of these are offi-               Nevada, and since I was flying into Las
                                          ment is an effort that has to be ongo-                  cial classifications, some of these are                Vegas people said, ‘‘Oh, are you going
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                                          ing, and this is an important step. This                pseudo-classifications of documents in                 to Area 51?’’ I had been cautioned that
                                          solution has to be government-wide in                   every administrative body in the Fed-                  I could not use that term, that that
                                          order to be effective.                                  eral Government.                                       term was unacceptable. So I said,
                                            For too long, Mr. Speaker, the Fed-                     This bill is about the systemic issue                ‘‘Well, I can’t tell you. I am just going
                                          eral departments have insisted on                       of over-classification and the existence               to Nevada.’’ So then when I returned I



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                      H3467
                                          googled Area 51, and, of course, I saw                  Missouri, shall be known and designated as                 A native of Ballwin, Missouri, Matt
                                          detailed maps or detailed photos of ev-                 the ‘‘Lance Corporal Matthew P. Pathenos               was an avid golfer and accomplished
                                          erything, including the airfield that                   Post Office Building’’.                                pilot, earning his flying license at age
                                                                                                    (b) REFERENCES.—Any reference in a law,
                                          perhaps someone would land at, well                     map, regulation, document, paper, or other             14. After graduating from high school
                                          into that Nevada test range which                       record of the United States to the facility re-        in 2003, Matt followed in the footsteps
                                          Google identifies as Area 51.                           ferred to in subsection (a) shall be deemed to         of his older brother and mentor, Ma-
                                            So I would say that if the gentleman                  be a reference to the ‘‘Lance Corporal Mat-            rine Sergeant Christopher Pathenos,
                                          and, of course, the Chair, would con-                   thew P. Pathenos Post Office Building’’.               who had enlisted in the Armed Forces
                                          tinue to work with us on all these mat-                   The SPEAKER pro tempore. Pursu-                      in the wake of September 11.
                                          ters, we will, on a bipartisan basis,                   ant to the rule, the gentleman from                        In the words of one relative, ‘‘For
                                          drill down to try to prevent these pro-                 Missouri (Mr. CLAY) and the gentleman                  Matty, the motivation was more about
                                          hibitions on that, which certainly flies                from California (Mr. ISSA) each will                   Christopher, seeing how the Corps
                                          in the face of common sense.                            control 20 minutes.                                    treated him.’’
                                            I reserve the balance of my time.                       The Chair recognizes the gentleman                       As a member of the 3rd Battalion,
                                            Mr. CLAY. Mr. Speaker, I yield my-                    from Missouri.                                         24th Marines, Matthew was one of 80
                                          self such time as I may consume.                                          GENERAL LEAVE                        Marine members of his unit that were
                                            Mr. Speaker, as chairman of the Sub-                    Mr. CLAY. Mr. Speaker, I ask unani-                  attached to a sister unit, the lst Bat-
                                          committee on Information Policy, Cen-                   mous consent that all Members may                      talion, 24th Marines, for deployment to
                                          sus, and National Archives, I am                        have 5 legislative days in which to re-                Iraq in September of 2006.
                                          pleased to join my colleagues in the                    vise and extend their remarks.                             Tragically, on February 6, 2007,
                                          consideration of H.R. 1323, the Reduc-                    The SPEAKER pro tempore. Is there                    Lance Corporal Pathenos lost his life
                                          ing Information Control Designations                    objection to the request of the gen-                   near Fallujah when his Humvee was
                                          Act.                                                    tleman from Missouri?                                  struck by an improvised explosive de-
                                            This bill is being considered with an                   There was no objection.                              vice. His family will always remember
                                                                                                    Mr. CLAY. I now yield myself such                    him as a smiling young man who ‘‘sang
                                          amendment to address some concerns
                                                                                                  time as I may consume.                                 as though no one could hear him and
                                          that have been raised with the provi-                     On behalf of the House Committee on
                                          sion in the bill requiring incentives for                                                                      danced as though no one was watching
                                                                                                  Oversight and Government Reform, I                     him.’’
                                          individuals who successfully challenge                  stand and join my colleagues from my
                                          the information control designation.                                                                               In a release shortly after the tragic
                                                                                                  home State of Missouri for the consid-                 loss, the family captured the senti-
                                          This amendment strikes the language                     eration of H.R. 1216, which names a
                                          requiring incentives but continues to                                                                          ments of a grateful Nation. ‘‘Like his
                                                                                                  postal facility in Chesterfield, Mis-                  brother, Christopher, Matthew was
                                          require a process through which indi-                   souri, after Lance Corporal Matthew P.
                                          viduals can challenge the information                                                                          proud to be a Marine and volunteered
                                                                                                  Pathenos.
                                          control designation.                                                                                           to serve his country. Matthew paid the
                                                                                                    As stated, H.R. 1216 has the support
                                            Mr. Speaker, H.R. 1323 promotes                       of the entire House congressional dele-                ultimate sacrifice for our freedom and
                                          transparency and government effi-                       gation from Missouri but is sponsored                  the future generations of this country.
                                          ciency by promoting a common lan-                       by my friend, Representative Todd                      He loved his country and family, and
                                          guage within government. Therefore, I                   Akin. The bill was introduced on Feb-                  we will miss him terribly.’’
                                          urge swift passage of the bill.                         ruary 26 of 2009 and was considered by                     Mr. Speaker, I urge my colleagues to
                                            Mr. ISSA. Mr. Speaker, I yield back                   and reported from the Oversight Com-                   join the chairman and myself in sup-
                                          the balance of my time.                                 mittee by voice vote on March 10.                      port of this courageous young man and
                                            Mr. CLAY. Mr. Speaker, I yield back                     As a member of the 3rd Battalion,                    the sacrifice he gave by naming the
                                          the balance of my time.                                 24th Marine Regiment, 4th Marine Di-                   post office in his honor.
                                            The SPEAKER pro tempore. The                          vision, Marine Forces and Reserve out                      I reserve the balance of my time.
                                          question is on the motion offered by                    of Bridgeton, Missouri, following in the                   Mr. CLAY. Again, I would like to
                                          the gentleman from Missouri (Mr.                        footsteps of his older brother, Matthew                thank my friend and colleague, Mr.
                                          CLAY) that the House suspend the rules                  Pathenos enlisted in military service                  AKIN, for introducing such a thoughtful
                                          and pass the bill, H.R. 1323, as amend-                 with the hope of helping those who                     measure.
                                          ed.                                                     could not help themselves.                                 I urge my colleagues to vote in favor
                                            The question was taken; and (two-                       Unfortunately, on February 7, 2007,                  of renaming the Town and Country
                                          thirds being in the affirmative) the                    Lance Corporal Matthew Pathenos was                    Commons Post Office in Chesterfield,
                                          rules were suspended and the bill, as                   killed while conducting combat oper-                   Missouri, after Lance Corporal Mat-
                                          amended, was passed.                                    ations in Fallujah, Iraq. In recognition               thew Pathenos by passing H.R. 1216.
                                            A motion to reconsider was laid on                    of Corporal Pathenos’ commitment to                        I continue to reserve the balance of
                                          the table.                                              country and the concept of freedom,                    my time.
                                                                                                  Mr. Speaker, I ask my colleagues join                      Mr. ISSA. Mr. Speaker, I urge sup-
                                                           f                                                                                             port for this resolution, and I yield
                                                                                                  me in commemorating the life of this
                                            LANCE CORPORAL MATTHEW P.                             brave Marine by supporting the pas-                    back the balance of my time.
                                          PATHENOS POST OFFICE BUILDING                           sage of H.R. 1216.                                         Mr. Speaker, I rise today in strong support
                                                                                                    I reserve the balance of my time.                    of H.R. 1216, a bill I introduced to honor the
                                            Mr. CLAY. Mr. Speaker, I move to
                                                                                                    Mr. ISSA. Mr. Speaker, I yield myself                life of Matthew P. Pathenos by designating the
                                          suspend the rules and pass the bill
                                                                                                  such time as I may consume.                            post office in Chesterfield, Missouri, as the
                                          (H.R. 1216) to designate the facility of
                                                                                                    Mr. Speaker, I rise today in strong                  ‘‘Lance Corporal Matthew P. Pathenos Post
                                          the United States Postal Service lo-
                                                                                                  support of this bill designating the fa-               Office Building.’’ A resident of Ballwin, Mis-
                                          cated at 1100 Town and Country Com-
                                                                                                  cility of the United States Postal Serv-               souri, Lance Corporal Matthew Pathenos was
                                          mons in Chesterfield, Missouri, as the
                                                                                                  ice located at 1100 Town and Country                   part of the 3rd Battalion, 24th Marine Regi-
                                          ‘‘Lance Corporal Matthew P. Pathenos
                                                                                                  Commons in Chesterfield, Missouri, as                  ment, 4th Marine Division, of the Marine
                                          Post Office Building’’.
                                                                                                  the Lance Corporate Matthew P.                         Forces Reserve. On February 7th, 2007,
                                            The Clerk read the title of the bill.
                                                                                                  Pathenos Post Office Building.                         Lance Corporal Pathenos was killed during
                                            The text of the bill is as follows:
                                                                                                    Marine Lance Corporal Pathenos was                   combat operations in the Anbar province of
                                                              H.R. 1216
                                                                                                  a selfless patriot. He was a loving                    Iraq. Matthew was often described by family
                                            Be it enacted by the Senate and House of Rep-         brother, son and friend. As one of his                 and friends as a friendly young man who al-
                                          resentatives of the United States of America in
                                                                                                  comrades in arms once reflected, ‘‘The                 ways had a joke to tell and a smile on his
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                                          Congress assembled,
                                                                                                  best thing about Matt was his ability                  face. Matthew decided to join the military in
                                          SECTION     LANCE CORPORAL MATTHEW P.
                                                     1.
                                                     PATHENOS POST OFFICE BUILDING.               to wake up every day with a smile and                  order to follow his older brother into his coun-
                                           (a)   DESIGNATION.—The facility of the                 hold it all day long.’’ Even through the               try’s service with the hope of helping those
                                          United States Postal Service located at 1100            hardships of war, Matt strove to bring                 who could not help themselves. Matthew’s
                                          Town and Country Commons in Chesterfield,               joy to his friends.                                    then girlfriend, Erin, calls Lance Corporal



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                                          H3468                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                          Pathenos her hero, and wishes she might one                               GENERAL LEAVE                        gram, we help channel new venture
                                          day, ‘‘posses a fraction of his bravery and dis-                    ´
                                                                                                    Ms. VELAZQUEZ. Mr. Speaker, I ask                    capital to small firms.
                                          cipline.’’                                              unanimous consent that all Members                       Taken together, all of these initia-
                                             As the father of two Marines, one of whom            may have 5 legislative days to revise                  tives will yield $21 billion in new in-
                                          has served in Iraq; it is a privilege to stand          and extend their remarks and include                   vestment and lending for small busi-
                                          here today to honor one of our fallen soldiers.         extraneous material on the bill under                  nesses and save or create 600,000 new
                                          Matthew’s commitment and dedication to his              consideration.                                         jobs.
                                          country is a shining example of how our mili-             The SPEAKER pro tempore. Is there                      Earlier this week, President Obama
                                          tary men and women are the finest our nation            objection to the request of the gentle-                moved to implement many of these
                                          has to offer. His and his family’s sacrifice            woman from New York?                                   changes. I applaud the administration
                                          should serve as a reminder to all that the free-          There was no objection.                              for working quickly. However, this is
                                                                                                                ´
                                                                                                    Ms. VELAZQUEZ. Mr. Speaker, I                        just the start.
                                          dom we enjoy as Americans is not free but the
                                          result of the tremendous bravery and selfless           yield myself such time as I might con-                   Later this year, the committee will
                                          service of men and women willing put them-              sume.                                                  draft a comprehensive rewrite of the
                                                                                                    As our Nation responds to the cur-                   SBA. If there has ever been a time for
                                          selves in harms way for freedom’s cause.
                                             Our nation will be forever indebted to Lance         rent economic downturn, small busi-                    a strong, effective SBA, that time is
                                          Corporal Matthew Pathenos.                              nesses will be central to our recovery.                now. It will be the responsibility of
                                             Mr. Speaker, I ask that my colleagues join           They are the engine of our economy,                    every Member in this House to make
                                          me today in honoring Lance Corporal Matthew             producing 60 to 80 percent of new jobs,                sure that we reauthorize these pro-
                                          Pathenos.                                               and their role is even more important                  grams properly so the SBA can help
                                             Vote ‘‘yes’’ on H.R. 1216.                           during recessions.                                     Main Street businesses weather this re-
                                             Mr. CLAY. Mr. Speaker, I yield back                    The fact is, when the job market is                  cession and contribute to our economy.
                                          the balance of my time.                                 tight, many Americans venture out,                       The extension we are voting on today
                                             The SPEAKER pro tempore. The                         launch their own enterprises. Fol-                     will give us the time to hear from all
                                          question is on the motion offered by                    lowing the recession of the early 1990s,               our colleagues and interested parties as
                                          the gentleman from Missouri (Mr.                        small firms generated 3.8 million new                  we develop this legislation. I urge my
                                          CLAY) that the House suspend the rules                  positions for American workers, a                      colleagues to vote ‘‘yes.’’
                                          and pass the bill, H.R. 1216.                           number that surpassed big business ex-                   I reserve the balance of my time.
                                             The question was taken.                              pansion by almost half a million.                        Mr. GRAVES. Mr. Speaker, I yield
                                             The SPEAKER pro tempore. In the                        That kind of resilience, in the face of              myself such time as I may consume.
                                          opinion of the Chair, two-thirds being                  economic uncertainty, is a testament                     Mr. Speaker, I rise today in support
                                          in the affirmative, the ayes have it.                   to the strength of our Nation. Times                   of the chairwoman’s request to suspend
                                             Mr. CLAY. Mr. Speaker, I object to                   may be tough, but the American entre-                  the rules and pass H.R. 1541. The bill is
                                          the vote on the ground that a quorum                    preneurial spirit is tougher. Today, the               very simple. It extends the authoriza-
                                          is not present and make the point of                    House is considering legislation that                  tion of all programs operated or au-
                                          order that a quorum is not present.                     will extend programs at the Small                      thorized by the Small Business Act,
                                             The SPEAKER pro tempore. Pursu-                      Business Administration into July.                     the Small Business Investment Act,
                                          ant to clause 8 of rule XX and the                        These programs play a pivotal role in                and any program by the Small Busi-
                                          Chair’s prior announcement, further                     our economy. The SBA guarantees                        ness Administration for which Con-
                                          proceedings on this motion will be                      loans that allow new ventures to start                 gress has already appropriated funds.
                                          postponed.                                              and existing firms to grow. It provides                The extension will last until July 31 of
                                             The point of no quorum is considered                 counseling and technical know-how to                   this year.
                                          withdrawn.                                              entrepreneurs, and it helps ensure that                  This extension is necessary because
                                                           f                                      small firms can obtain their fair share                the authorization for various programs
                                                                                                  of Federal contracts, something that                   operated by the SBA ceases on March
                                                     SMALL BUSINESS                               will be more important as the Eco-                     20. The Committee has worked in a bi-
                                              ADMINISTRATION EXTENSION                            nomic Recovery Act generates $111 bil-                 partisan fashion in the last Congress,
                                                        ´
                                            Ms. VELAZQUEZ. Mr. Speaker, I                         lion worth of new public works                         and we reported out a number of bills
                                          move to suspend the rules and pass the                  projects.                                              to address programs operated by the
                                          bill (H.R. 1541) to provide for an addi-                  Extending these programs is impor-                   SBA. Despite the efforts of the House,
                                          tional temporary extension of pro-                      tant, but we must not lose sight of a                  time in the last Congress expired be-
                                          grams under the Small Business Act                      larger goal. Later this Congress we will               fore the legislative process could run
                                          and the Small Business Investment Act                   pass legislation to modernize the SBA                  its course.
                                          of 1958, and for other purposes.                        and change the agency’s culture. In                      The work needed to help America’s
                                            The Clerk read the title of the bill.                 these difficult economic times, we will                entrepreneurs revitalize the economy
                                            The text of the bill is as follows:                   need an SBA that can respond effec-                    simply can’t be accomplished by Fri-
                                                              H.R. 1541                           tively. This will require extensive re-                day of this week.
                                            Be it enacted by the Senate and House of Rep-         forms.                                                   Without the enactment of this exten-
                                          resentatives of the United States of America in           Already in this Congress we passed                   sion, a number of vital programs that
                                          Congress assembled,                                     the most significant update to the                     the SBA operates will cease to func-
                                          SECTION 1. EXTENSION.                                   agency in a decade. With the economic                  tion. Given the importance that small
                                            (a) IN GENERAL.—Section 1 of the Act enti-            recovery legislation, we made SBA                      businesses play, and will continue to
                                          tled ‘‘An Act to extend temporarily certain                                                                    play in the revitalization of the Amer-
                                                                                                  bank loans more affordable for entre-
                                          authorities of the Small Business Adminis-
                                                                                                  preneurs. We increased the amount of a                 ican economy, we cannot allow the
                                          tration’’, approved October 10, 2006 (Public
                                          Law 109–316; 120 Stat. 1742), as most recently          loan that the SBA can back, further                    SBA authorizations to run out.
                                          amended by section 1 of Public Law 110–235              opening up affordable credit for small                   Enactment of this extension will en-
                                          (122 Stat. 1552), is amended by striking                business owners.                                       able the House and Senate to work in a
                                          ‘‘March 20, 2009’’ in each place it appears and           We established a new Small Business                  diligent manner to address the nec-
                                          inserting ‘‘July 31, 2009’’.                            Stabilization Financing Program at                     essary changes to SBA programs. I
                                            (b) EFFECTIVE DATE.—The amendment                     the SBA, which will provide short-term                 urge all of my colleagues to suspend
                                          made by subsection (a) shall take effect on             loans to businesses struggling to meet                 the rules and pass H.R. 1541.
                                          March 19, 2009.                                                                                                  I reserve the balance of my time.
                                                                                                  their existing obligations. We gave the
                                            The SPEAKER pro tempore. Pursu-                                                                                      ´
                                                                                                                                                           VELAZQUEZ. Mr. Speaker, I yield 3
                                                                                                  SBA tools it needs to begin unfreezing
                                          ant to the rule, the gentlewoman from                                                                          minutes to the gentleman from Oregon
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                                                                                                  the secondary market for small busi-
                                                                ´
                                          New York (Ms. VELAZQUEZ) and the                                                                               (Mr. WU).
                                                                                                  ness loans.
                                          gentleman from Missouri (Mr. GRAVES)                                                                             Mr. WU. Thank you, Madam Chair,
                                          each will control 20 minutes.                                          b 1430                                  and thank you, Mr. Speaker. As Presi-
                                            The Chair recognizes the gentle-                       By reforming and updating the Small                   dent Obama said recently, ‘‘small busi-
                                          woman from New York.                                    Business Investment Company pro-                       nesses are the heart of the American



                                    VerDate Nov 24 2008   01:30 Mar 18, 2009   Jkt 079060   PO 00000   Frm 00028   Fmt 7634   Sfmt 0634   E:\CR\FM\A17MR7.022   H17MRPT1
                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                        H3469
                                          economy.’’ They are responsible for                     the latest was signed into law on May 23,              ANNOUNCEMENT BY THE SPEAKER
                                          half of all private-sector jobs, and                    2008. Under that law, authorization for SBA                         PRO TEMPORE
                                          they’ve created about 70 percent of all                 programs is scheduled to expire on March 20.             The SPEAKER pro tempore. Pursu-
                                          new jobs in the past 10 years.                          I am hopeful that President Obama continues            ant to clause 8 of rule XX, proceedings
                                             We need to build our economy from                    the recognition and support for small busi-            will resume on motions to suspend the
                                          the ground up, create stable jobs, and                  nesses that he demonstrated yesterday. His             rules previously postponed.
                                          foster innovation that will lead to                     leadership, along with that of my colleague              Votes will be taken in the following
                                          long-term growth. To do this, we need                               ´
                                                                                                  NYDIA VELAZQUEZ on these issues could not              order:
                                          to support the small high-tech compa-                   come at a more important time.                           House Resolution 240, by the yeas and
                                          nies that grow our economy.                                Small business is frequently viewed as an           nays;
                                             The Federal Government supports                      incubator for employment and economic                    House Resolution 211, de novo; and
                                          these innovative small businesses                       growth, and is a continuing legislative and              H.R. 628, de novo.
                                          through the Small Business Innovative                   oversight concern for Congress due to its con-           The first electronic vote will be con-
                                          Research program and the Small Busi-                    stitutional role, through the interstate com-          ducted as a 15-minute vote. Remaining
                                          ness Technology Transfer Program,                       merce and general welfare clauses, to pro-             electronic votes will be conducted as 5-
                                          which help companies commercialize                      mote economic well being and prosperity.               minute votes. Remaining votes on out-
                                          Federally funded research. The pro-
                                                                                                     While many analysts believe a very signifi-         standing postponed motions to suspend
                                          grams now distribute more than $2.5
                                                                                                  cant percentage of the nation’s jobs are cre-          the rules will be taken later.
                                          billion each year and constitute the
                                                                                                  ated by small businesses, others note that a                             f
                                          largest tech-transfer commercializa-
                                                                                                  great many small businesses fail every year
                                          tion programs that we have in the Fed-
                                                                                                  thereby eliminating jobs.                              SUPPORTING PROFESSIONAL SO-
                                          eral Government.
                                             However, these programs must be up-                     The 111th Congress is likely to consider              CIAL WORK MONTH AND WORLD
                                          dated to reflect the current innovation                 many small business issues as it debates re-             SOCIAL WORK DAY
                                          environment. Award sizes should be in-                  authorization the many Small Business Admin-             The SPEAKER pro tempore. The un-
                                          creased to reflect inflation and the                    istration (SBA) programs that are scheduled to         finished business is the vote on the mo-
                                          growth of operating costs; the issue of                 expire in 2009. Our small business owners              tion to suspend the rules and agree to
                                          venture capital participation needs to                  need certainty to plan for the future and I will       the resolution, H. Res. 240, as amended,
                                          be resolved; flexibility must be in-                    continue to work hard for a more permanent             on which the yeas and nays were or-
                                          stilled between phase one and phase                     solution to complement the authorizations that         dered.
                                          two grants; and data collection needs                   many businesses have to endure.                          The Clerk read the title of the resolu-
                                          to be improved so that we can better                       A primary issue in the reauthorization is like-     tion.
                                          target the program and determine its                    ly to be the cost to the government of various           The SPEAKER pro tempore. The
                                          effectiveness.                                          small business assistance programs. The                question is on the motion offered by
                                             Last year, the House overwhelmingly                  Bush Administration had proposed that certain          the gentleman from Colorado (Mr.
                                          passed H.R. 5819, which made these nec-                 loan programs be cut back or eliminated, that          POLIS) that the House suspend the
                                          essary changes based on suggestions                     borrowers in the SBA’s basic loan program be           rules and agree to the resolution, H.
                                          from hearings in my Technology and                      charged higher fees, and that interest rates for       Res. 240, as amended.
                                          Innovation Subcommittee and in con-                     disaster loans rise to market levels after five          The vote was taken by electronic de-
                                          junction with our work with Chair-                      years. I hope that a full review of these poli-        vice, and there were—yeas 421, nays 0,
                                                          ´
                                          woman VELAZQUEZ and Ranking Mem-                        cies is underway by the new administration.            not voting 10, as follows:
                                          ber GRAVES. However, good legislation,                     Ways to insure that small businesses ben-                             [Roll No. 128]
                                          once again, died in the other Chamber.                  efit from economic stimulus programs are like-                            YEAS—421
                                             Today, we find the House needing to                  ly to be considered. Finding ways for small            Ackerman          Bright           Courtney
                                          pass an extension to keep these pro-                    businesses to provide health insurance to em-          Aderholt          Broun (GA)       Crenshaw
                                          grams alive. This extension is nec-                     ployees could be vital in getting elements of          Adler (NJ)        Brown (SC)       Crowley
                                          essary because the SBA and SBIR serve                                                                          Akin              Brown, Corrine   Cuellar
                                                                                                  the business community to be actively sup-             Alexander         Brown-Waite,     Culberson
                                          important purposes. But, moving for-                    porting and working with Congress as we                Altmire             Ginny          Cummings
                                          ward, if we are to continue realizing                   press ahead with legislation on health care. I         Andrews           Buchanan         Dahlkemper
                                          the full value of programs like SBIR,                                                                          Arcuri            Burgess          Davis (AL)
                                                                                                  understand that we in Congress cannot run              Austria           Burton (IN)      Davis (CA)
                                          we must reauthorize them with                           your businesses for you. I just want to be             Baca              Butterfield      Davis (IL)
                                          changes that reflect the evolving inno-                 there to help fashion fair and reasonable legis-       Bachmann          Buyer            Davis (KY)
                                          vation environment, rather than sim-                    lation that affects small business.                    Bachus            Calvert          Davis (TN)
                                          ply extending the current authoriza-                                                                           Baird             Camp             Deal (GA)
                                                                                                     Mr. Speaker, this bill authorizes Small Busi-       Baldwin           Campbell         DeFazio
                                          tion. It must be an innovation program                                                                         Barrett (SC)      Cantor           DeGette
                                                                                                  ness Administration programs and authority
                                          as well as a jobs and small business                                                                           Barrow            Cao              Delahunt
                                                                                                  through July 31 and again it is my hope that           Bartlett          Capito           DeLauro
                                          program.
                                                                                                  we continue to engage the business commu-              Barton (TX)       Capps            Dent
                                             At a time when credit is tight and
                                                                                                  nity as this Congress seeks to move America            Bean              Capuano          Diaz-Balart, L.
                                          jobs are scarce, SBIR and STTR can                                                                             Becerra           Cardoza          Diaz-Balart, M.
                                                                                                  from recession back to prosperity.
                                          have a significant role in jump-starting                                                                       Berkley           Carnahan         Dicks
                                          our economy. The House and Senate                          Mr. GRAVES. I would, again, urge                    Berman            Carney           Dingell
                                                                                                  my colleagues to support H.R. 1541.                    Berry             Carson (IN)      Doggett
                                          need to pass legislation this year that                                                                        Biggert           Carter           Donnelly (IN)
                                          will reauthorize these programs, inno-                     I yield back the balance of my time.                Bilbray           Cassidy          Doyle
                                          vate new products and services, sup-                                   ´
                                                                                                     Ms. VELAZQUEZ. Mr. Speaker, I ask                   Bilirakis         Castle           Driehaus
                                                                                                                                                         Bishop (GA)       Castor (FL)      Duncan
                                          port small businesses, and create well-                 for a ‘‘yes’’ vote.                                    Bishop (NY)       Chaffetz         Edwards (MD)
                                          paying jobs for decades to come.                           I yield back the balance of my time.                Bishop (UT)       Chandler         Edwards (TX)
                                             Ms. JACKSON-LEE of Texas. Mr. Speaker,                                                                      Blackburn         Childers         Ehlers
                                                                                                     The SPEAKER pro tempore. The                        Blumenauer        Clarke           Ellison
                                          I rise in strong support of H.R. 1541.
                                             The Small Business Administration (SBA)              question is on the motion offered by                   Blunt             Clay             Ellsworth
                                                                                                  the gentlewoman from New York (Ms.                     Boccieri          Cleaver          Emerson
                                          was created in 1953, and has a current busi-                                                                   Boehner           Clyburn          Engel
                                                                                                         ´
                                                                                                  VELAZQUEZ) that the House suspend the
                                          ness loan portfolio of roughly 220,000 loans                                                                   Bonner            Coble            Eshoo
                                          worth more than $50 billion, which makes it             rules and pass the bill, H.R. 1541.                    Bono Mack         Coffman (CO)     Etheridge
                                                                                                     The question was taken; and (two-                   Boozman           Cohen            Fallin
                                          the largest single financial backer of U.S. busi-
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                                                                                                                                                         Boren             Cole             Farr
                                          nesses. My district is home to these busi-              thirds being in the affirmative) the                   Boswell           Conaway          Fattah
                                          nesses, many of which are struggling to hang            rules were suspended and the bill was                  Boucher           Connolly (VA)    Filner
                                          tough in this trying economy.                           passed.                                                Boyd              Conyers          Flake
                                                                                                                                                         Brady (PA)        Cooper           Fleming
                                             In the 110th Congress, several short-term               A motion to reconsider was laid on                  Brady (TX)        Costa            Forbes
                                          SBA authorization measures were enacted;                the table.                                             Braley (IA)       Costello         Fortenberry




                                    VerDate Nov 24 2008   01:30 Mar 18, 2009   Jkt 079060   PO 00000   Frm 00029   Fmt 7634   Sfmt 0634   E:\CR\FM\K17MR7.051   H17MRPT1
                                          H3470                                                CONGRESSIONAL RECORD — HOUSE                                                               March 17, 2009
                                          Foster               Lofgren, Zoe       Rohrabacher                         NOT VOTING—10                            Emerson            LaTourette        Rahall
                                          Foxx                 Lowey              Rooney                                                                       Engel              Latta             Rehberg
                                                                                                     Abercrombie       Lucas                 Shea-Porter
                                          Frank (MA)           Luetkemeyer        Ros-Lehtinen                                                                 Eshoo              Lee (CA)          Reichert
                                                                   ´                                 Boustany          Miller, Gary          Welch
                                          Franks (AZ)          Lujan              Roskam                                                                       Etheridge          Lee (NY)          Reyes
                                                                                                     Dreier            Olson
                                          Frelinghuysen        Lummis             Ross                                                                         Fallin             Levin             Richardson
                                                                                                     Hinchey           Putnam
                                          Fudge                Lungren, Daniel    Rothman (NJ)                                                                 Farr               Lewis (CA)        Rodriguez
                                          Gallegly               E.                                                                                            Fattah             Lewis (GA)        Roe (TN)
                                          Garrett (NJ)         Lynch
                                                                                  Roybal-Allard
                                                                                  Royce
                                                                                                                       b 1507                                  Filner             Linder            Rogers (AL)
                                          Gerlach              Mack               Ruppersberger        Mr. BILIRAKIS changed his vote                          Flake              Lipinski          Rogers (KY)
                                          Giffords             Maffei             Rush                                                                         Fleming            LoBiondo          Rogers (MI)
                                          Gingrey (GA)         Maloney
                                                                                                     from ‘‘nay’’ to ‘‘yea.’’                                  Forbes             Loebsack          Rohrabacher
                                                                                  Ryan (OH)
                                          Gohmert              Manzullo           Ryan (WI)            So (two-thirds being in the affirma-                    Fortenberry        Lofgren, Zoe      Rooney
                                          Gonzalez             Marchant           Salazar            tive) the rules were suspended and the                    Foster             Lowey             Ros-Lehtinen
                                          Goodlatte            Markey (CO)         ´
                                                                                  Sanchez, Linda     resolution, as amended, was agreed to.                    Foxx               Luetkemeyer       Roskam
                                          Gordon (TN)          Markey (MA)          T.                                                                         Frank (MA)             ´
                                                                                                                                                                                  Lujan             Ross
                                          Granger              Marshall                                The result of the vote was announced                    Franks (AZ)        Lummis            Rothman (NJ)
                                                                                  Sanchez, Loretta
                                          Graves               Massa              Sarbanes           as above recorded.                                        Frelinghuysen      Lungren, Daniel   Roybal-Allard
                                          Grayson              Matheson           Scalise              A motion to reconsider was laid on                      Fudge                E.              Royce
                                          Green, Al            Matsui                                                                                          Gallegly           Lynch             Ruppersberger
                                                                                  Schakowsky         the table.
                                          Green, Gene          McCarthy (CA)      Schauer                                                                      Garrett (NJ)       Mack              Rush
                                          Griffith             McCarthy (NY)      Schiff                               f                                       Gerlach            Maffei            Ryan (WI)
                                          Grijalva             McCaul             Schmidt                                                                      Giffords           Maloney           Salazar
                                          Guthrie              McClintock         Schock              SUPPORTING NATIONAL WOMEN’S                              Gingrey (GA)       Manzullo           ´
                                                                                                                                                                                                    Sanchez, Linda
                                          Gutierrez            McCollum                                                                                        Gonzalez           Marchant            T.
                                          Hall (NY)            McCotter
                                                                                  Schrader                       HISTORY MONTH                                 Goodlatte          Markey (CO)       Sanchez, Loretta
                                                                                  Schwartz
                                          Hall (TX)            McDermott          Scott (GA)           The SPEAKER pro tempore. The un-                        Gordon (TN)        Markey (MA)       Sarbanes
                                          Halvorson            McGovern                                                                                        Granger            Marshall          Scalise
                                          Hare                 McHenry
                                                                                  Scott (VA)         finished business is the question on                      Graves             Massa             Schakowsky
                                                                                  Sensenbrenner      suspending the rules and agreeing to
                                          Harman               McHugh             Serrano                                                                      Grayson            Matheson          Schauer
                                          Harper               McIntyre
                                                                                  Sessions           the resolution, H. Res. 211.                              Green, Al          Matsui            Schiff
                                          Hastings (FL)        McKeon                                  The Clerk read the title of the resolu-                 Green, Gene        McCarthy (CA)     Schmidt
                                                                                  Sestak
                                          Hastings (WA)        McMahon                                                                                         Griffith           McCarthy (NY)     Schock
                                          Heinrich             McMorris
                                                                                  Shadegg            tion.                                                     Grijalva           McCaul            Schrader
                                                                                  Sherman              The SPEAKER pro tempore. The
                                          Heller                 Rodgers                                                                                       Guthrie            McClintock        Schwartz
                                                                                  Shimkus
                                          Hensarling           McNerney
                                                                                  Shuler             question is on the motion offered by                      Gutierrez          McCollum          Scott (GA)
                                          Herger               Meek (FL)                             the gentleman from Missouri (Mr.                          Hall (NY)          McCotter          Scott (VA)
                                                                                  Shuster
                                          Herseth Sandlin      Meeks (NY)                                                                                      Hall (TX)          McDermott         Sensenbrenner
                                          Higgins              Melancon
                                                                                  Simpson            CLAY) that the House suspend the rules                    Halvorson          McGovern          Serrano
                                                                                  Sires              and agree to the resolution, H. Res. 211.
                                          Hill                 Mica                                                                                            Hare               McHenry           Sessions
                                                                                  Skelton
                                          Himes                Michaud
                                                                                  Slaughter            The question was taken.                                 Harman             McHugh            Sestak
                                          Hinojosa             Miller (FL)                                                                                     Harper             McIntyre          Shadegg
                                                               Miller (MI)        Smith (NE)           The SPEAKER pro tempore. In the
                                          Hirono                                                                                                               Hastings (FL)      McKeon            Sherman
                                          Hodes                Miller (NC)        Smith (NJ)         opinion of the Chair, two-thirds being                    Hastings (WA)      McMahon           Shimkus
                                          Hoekstra             Miller, George     Smith (TX)         in the affirmative, the ayes have it.                     Heinrich           McMorris          Shuler
                                          Holden               Minnick            Smith (WA)                                                                   Heller               Rodgers         Shuster
                                                                                  Snyder                               RECORDED VOTE
                                          Holt                 Mitchell                                                                                        Hensarling         McNerney          Simpson
                                          Honda                Mollohan           Souder               Mr. CONNOLLY of Virginia. Mr.                           Herger             Meek (FL)         Sires
                                          Hoyer                Moore (KS)         Space              Speaker, I demand a recorded vote.                        Herseth Sandlin    Meeks (NY)        Skelton
                                          Hunter               Moore (WI)         Speier                                                                       Higgins            Melancon          Slaughter
                                                                                  Spratt               A recorded vote was ordered.
                                          Inglis               Moran (KS)                                                                                      Hill               Mica              Smith (NE)
                                          Inslee               Moran (VA)         Stark                The SPEAKER pro tempore. This                           Himes              Michaud           Smith (NJ)
                                          Israel               Murphy (CT)        Stearns            will be a 5-minute vote.                                  Hinojosa           Miller (FL)       Smith (TX)
                                          Issa                 Murphy, Patrick    Stupak               The vote was taken by electronic de-                    Hirono             Miller (MI)       Smith (WA)
                                          Jackson (IL)         Murphy, Tim        Sullivan                                                                     Hodes              Miller (NC)       Snyder
                                          Jackson-Lee          Murtha             Sutton             vice, and there were—ayes 418, noes 0,
                                                                                                                                                               Hoekstra           Miller, George    Souder
                                            (TX)               Myrick             Tanner             not voting 13, as follows:                                Holden             Minnick           Space
                                          Jenkins              Nadler (NY)        Tauscher                              [Roll No. 129]                         Holt               Mitchell          Speier
                                          Johnson (GA)         Napolitano         Taylor                                                                       Honda              Mollohan          Spratt
                                          Johnson (IL)         Neal (MA)          Teague                                 AYES—418                              Hoyer              Moore (KS)        Stark
                                          Johnson, E. B.       Neugebauer         Terry              Ackerman          Boyd                  Cohen             Hunter             Moore (WI)        Stearns
                                          Johnson, Sam         Nunes              Thompson (CA)      Aderholt          Brady (PA)            Cole              Inglis             Moran (KS)        Stupak
                                          Jones                Nye                Thompson (MS)      Adler (NJ)        Brady (TX)            Conaway           Inslee             Moran (VA)        Sullivan
                                          Jordan (OH)          Oberstar           Thompson (PA)      Akin              Braley (IA)           Connolly (VA)     Israel             Murphy (CT)       Sutton
                                          Kagen                Obey               Thornberry         Alexander         Bright                Conyers           Issa               Murphy, Patrick   Tanner
                                          Kanjorski            Olver              Tiahrt             Altmire           Broun (GA)            Cooper            Jackson (IL)       Murphy, Tim       Tauscher
                                          Kaptur               Ortiz              Tiberi             Andrews           Brown (SC)            Costa             Jackson-Lee        Murtha            Taylor
                                          Kennedy              Pallone            Tierney            Arcuri            Brown, Corrine        Costello            (TX)             Myrick            Teague
                                          Kildee               Pascrell           Titus              Austria           Brown-Waite,          Courtney          Jenkins            Nadler (NY)       Terry
                                          Kilpatrick (MI)      Pastor (AZ)        Tonko              Baca                Ginny               Crenshaw          Johnson (GA)       Napolitano        Thompson (CA)
                                          Kilroy               Paul               Towns              Bachmann          Buchanan              Crowley           Johnson (IL)       Neal (MA)         Thompson (MS)
                                          Kind                 Paulsen            Tsongas            Bachus            Burgess               Cuellar           Johnson, E. B.     Neugebauer        Thompson (PA)
                                          King (IA)            Payne              Turner             Baird             Burton (IN)           Culberson         Johnson, Sam       Nunes             Thornberry
                                          King (NY)            Pence              Upton              Baldwin           Butterfield           Cummings          Jones              Nye               Tiahrt
                                          Kingston             Perlmutter         Van Hollen         Barrett (SC)      Buyer                 Dahlkemper        Jordan (OH)        Oberstar          Tiberi
                                          Kirk                 Perriello              ´
                                                                                  Velazquez          Barrow            Calvert               Davis (AL)        Kagen              Obey              Tierney
                                          Kirkpatrick (AZ)     Peters             Visclosky          Bartlett          Camp                  Davis (CA)        Kanjorski          Olver             Titus
                                          Kissell              Peterson                              Barton (TX)       Campbell              Davis (IL)        Kaptur             Ortiz             Tonko
                                                                                  Walden
                                          Klein (FL)           Petri                                 Bean              Cantor                Davis (KY)        Kennedy            Pallone           Towns
                                                                                  Walz
                                          Kline (MN)           Pingree (ME)                          Becerra           Cao                   Davis (TN)        Kildee             Pascrell          Tsongas
                                                                                  Wamp
                                          Kosmas               Pitts                                 Berkley           Capito                Deal (GA)         Kilpatrick (MI)    Pastor (AZ)       Turner
                                                                                  Wasserman
                                          Kratovil             Platts                                Berman            Capps                 DeFazio           Kilroy             Paul              Upton
                                                                                    Schultz
                                          Kucinich             Poe (TX)                              Berry             Capuano               DeGette           Kind               Paulsen           Van Hollen
                                                                                  Waters                                                                                                                ´
                                          Lamborn              Polis (CO)                            Biggert           Cardoza               Delahunt          King (IA)          Payne             Velazquez
                                          Lance                Pomeroy            Watson
                                                                                                     Bilbray           Carnahan              DeLauro           King (NY)          Pence             Visclosky
                                          Langevin             Posey              Watt               Bilirakis         Carney                Dent              Kingston           Perlmutter        Walden
                                          Larsen (WA)          Price (GA)         Waxman             Bishop (GA)       Carson (IN)           Diaz-Balart, L.   Kirk               Perriello         Walz
                                          Larson (CT)          Price (NC)         Weiner             Bishop (NY)       Carter                Diaz-Balart, M.   Kirkpatrick (AZ)   Peters            Wamp
                                          Latham               Radanovich         Westmoreland       Bishop (UT)       Cassidy               Dicks             Kissell            Peterson          Wasserman
                                          LaTourette           Rahall             Wexler             Blackburn         Castle                Dingell           Klein (FL)         Petri               Schultz
                                          Latta                Rangel             Whitfield          Blumenauer        Castor (FL)           Doggett           Kline (MN)         Pingree (ME)      Waters
                                          Lee (CA)             Rehberg            Wilson (OH)        Blunt             Chaffetz              Donnelly (IN)     Kosmas             Pitts             Watson
                                          Lee (NY)             Reichert           Wilson (SC)        Boccieri          Chandler              Doyle             Kratovil           Platts            Watt
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                                          Levin                Reyes              Wittman            Boehner           Childers              Driehaus          Kucinich           Poe (TX)          Waxman
                                          Lewis (CA)           Richardson         Wolf               Bonner            Clarke                Duncan            Lamborn            Polis (CO)        Weiner
                                          Lewis (GA)           Rodriguez          Woolsey            Bono Mack         Clay                  Edwards (MD)      Lance              Pomeroy           Westmoreland
                                          Linder               Roe (TN)           Wu                 Boozman           Cleaver               Edwards (TX)      Langevin           Posey             Wexler
                                          Lipinski             Rogers (AL)        Yarmuth            Boren             Clyburn               Ehlers            Larsen (WA)        Price (GA)        Whitfield
                                          LoBiondo             Rogers (KY)        Young (AK)         Boswell           Coble                 Ellison           Larson (CT)        Price (NC)        Wilson (OH)
                                          Loebsack             Rogers (MI)        Young (FL)         Boucher           Coffman (CO)          Ellsworth         Latham             Radanovich        Wilson (SC)




                                    VerDate Nov 24 2008      01:30 Mar 18, 2009   Jkt 079060   PO 00000   Frm 00030   Fmt 7634   Sfmt 0634     E:\CR\FM\A17MR7.020   H17MRPT1
                                          March 17, 2009                                     CONGRESSIONAL RECORD — HOUSE                                                                             H3471
                                          Wittman           Wu                 Young (FL)          Ellsworth           Lee (CA)              Reyes              Wolf            Wu             Young (AK)
                                          Wolf              Yarmuth                                Emerson             Lee (NY)              Richardson         Woolsey         Yarmuth        Young (FL)
                                          Woolsey           Young (AK)                             Engel               Levin                 Rodriguez
                                                                                                   Eshoo               Lewis (CA)            Roe (TN)                              NOES—7
                                                          NOT VOTING—13                            Etheridge           Lewis (GA)            Rogers (AL)        Duncan          Johnson (IL)   Paul
                                          Abercrombie       Lucas              Ryan (OH)           Fallin              Linder                Rogers (KY)        Flake           Lummis
                                          Boustany          Miller, Gary       Shea-Porter         Farr                Lipinski              Rogers (MI)        Foxx            Manzullo
                                          Dreier            Olson              Welch               Fattah              LoBiondo              Rohrabacher
                                          Gohmert           Putnam                                 Filner              Loebsack              Rooney
                                                                                                                                                                              NOT VOTING—15
                                          Hinchey           Rangel                                 Fleming             Lofgren, Zoe          Ros-Lehtinen       Abercrombie     Hinchey        Putnam
                                                                                                   Forbes              Lowey                 Roskam             Boustany        Inglis         Shea-Porter
                                                           b 1515                                  Fortenberry         Luetkemeyer           Ross               Crowley         Lucas          Shuster
                                                                                                   Foster                  ´
                                                                                                                       Lujan                 Rothman (NJ)       Dreier          Miller, Gary      ´
                                                                                                                                                                                               Velazquez
                                            So (two-thirds being in the affirma-                   Frank (MA)          Lungren, Daniel       Roybal-Allard      Gutierrez       Olson          Welch
                                          tive) the rules were suspended and the                   Franks (AZ)           E.                  Royce
                                          resolution was agreed to.                                Frelinghuysen       Lynch                 Ruppersberger                         b 1523
                                                                                                   Fudge               Mack                  Rush
                                            The result of the vote was announced
                                                                                                   Gallegly            Maffei                Ryan (OH)            So (two-thirds being in the affirma-
                                          as above recorded.                                       Garrett (NJ)        Maloney               Ryan (WI)          tive) the rules were suspended and the
                                            A motion to reconsider was laid on                     Gerlach             Marchant              Salazar
                                                                                                                       Markey (CO)
                                                                                                                                                                bill was passed.
                                          the table.                                               Giffords                                   ´
                                                                                                                                             Sanchez, Linda
                                                                                                   Gingrey (GA)        Markey (MA)             T.
                                                                                                                                                                  The result of the vote was announced
                                                           f                                       Gohmert             Marshall              Sanchez, Loretta   as above recorded.
                                                                                                   Gonzalez            Massa                 Sarbanes             A motion to reconsider was laid on
                                             AUTHORIZING PILOT PROGRAM                             Goodlatte           Matheson              Scalise            the table.
                                                                                                   Gordon (TN)         Matsui
                                                   FOR PATENT CASES                                                                          Schakowsky
                                                                                                                                                                  Stated for:
                                                                                                   Granger             McCarthy (CA)         Schauer
                                            The SPEAKER pro tempore. The un-                       Graves              McCarthy (NY)         Schiff               Mr. INGLIS. Mr. Speaker, on rollcall No.
                                          finished business is the question on                     Grayson             McCaul                Schmidt            130, I was unavoidably detained. Had I been
                                                                                                   Green, Al           McClintock
                                          suspending the rules and passing the                     Green, Gene         McCollum
                                                                                                                                             Schock             present, I would have voted ‘‘aye.’’
                                                                                                                                             Schrader
                                          bill, H.R. 628.                                          Griffith            McCotter
                                            The Clerk read the title of the bill.                  Grijalva            McDermott
                                                                                                                                             Schwartz                           f
                                                                                                                                             Scott (GA)
                                                                                                   Guthrie             McGovern
                                            The SPEAKER pro tempore. The                                                                     Scott (VA)
                                          question is on the motion offered by
                                                                                                   Hall (NY)           McHenry
                                                                                                                                             Sensenbrenner      APPOINTMENT OF MEMBERS TO
                                                                                                   Hall (TX)           McHugh
                                          the gentleman from Georgia (Mr. JOHN-                    Halvorson           McIntyre              Serrano              BOARD OF VISITORS TO THE
                                          SON) that the House suspend the rules                    Hare                McKeon                Sessions             UNITED STATES COAST GUARD
                                                                                                   Harman              McMahon               Sestak               ACADEMY
                                          and pass the bill, H.R. 628.                             Harper              McMorris              Shadegg
                                            The question was taken.                                Hastings (FL)         Rodgers             Sherman              The SPEAKER pro tempore. Pursu-
                                            The SPEAKER pro tempore. In the                        Hastings (WA)       McNerney              Shimkus            ant to 14 U.S.C. 194(a), and the order of
                                                                                                   Heinrich            Meek (FL)             Shuler
                                          opinion of the Chair, two-thirds being                                                                                the House of January 6, 2009, the Chair
                                                                                                   Heller              Meeks (NY)            Simpson
                                          in the affirmative, the ayes have it.                    Hensarling          Melancon              Sires              announces the Speaker’s appointment
                                                           RECORDED VOTE                           Herger              Mica                  Skelton            of the following Members of the House
                                            Mr. CONNOLLY of Virginia. Mr.                          Herseth Sandlin     Michaud               Slaughter          to the Board of Visitors to the United
                                                                                                   Higgins             Miller (FL)           Smith (NE)         States Coast Guard Academy:
                                          Speaker, I demand a recorded vote.                       Hill                Miller (MI)           Smith (NJ)
                                            A recorded vote was ordered.                           Himes               Miller (NC)           Smith (TX)           Mr. COURTNEY, Connecticut
                                            The SPEAKER pro tempore. This                          Hinojosa            Miller, George        Smith (WA)           Mr. COBLE, North Carolina
                                                                                                   Hirono              Minnick               Snyder
                                          will be a 5-minute vote.                                 Hodes               Mitchell                                                 f
                                                                                                                                             Souder
                                            The vote was taken by electronic de-                   Hoekstra            Mollohan              Space
                                          vice, and there were—ayes 409, noes 7,                   Holden              Moore (KS)            Speier             CERTIFICATION TO CONGRESS IN
                                          not voting 15, as follows:                               Holt                Moore (WI)            Spratt
                                                                                                   Honda               Moran (KS)            Stark
                                                                                                                                                                  ACCORDANCE WITH PROVISIONS
                                                            [Roll No. 130]                         Hoyer               Moran (VA)                                 OF SECTION 1512 OF STROM
                                                                                                                                             Stearns
                                                             AYES—409                              Hunter              Murphy (CT)           Stupak               THURMOND NATIONAL DEFENSE
                                                                                                   Inslee              Murphy, Patrick       Sullivan
                                          Ackerman          Boucher            Coble
                                                                                                   Israel              Murphy, Tim
                                                                                                                                                                  AUTHORIZATION ACT—MESSAGE
                                          Aderholt          Boyd               Coffman (CO)                                                  Sutton
                                                                                                   Issa                Murtha                Tanner
                                                                                                                                                                  FROM THE PRESIDENT OF THE
                                          Adler (NJ)        Brady (PA)         Cohen
                                          Akin              Brady (TX)         Cole
                                                                                                   Jackson (IL)        Myrick                Tauscher             UNITED STATES (H. DOC. NO. 111–
                                                                                                   Jackson-Lee         Nadler (NY)           Taylor               25)
                                          Alexander         Braley (IA)        Conaway
                                                                                                     (TX)              Napolitano            Teague
                                          Altmire           Bright             Connolly (VA)
                                          Andrews           Broun (GA)         Conyers
                                                                                                   Jenkins             Neal (MA)
                                                                                                                                             Terry                The SPEAKER pro tempore laid be-
                                                                                                   Johnson (GA)        Neugebauer                               fore the House the following message
                                          Arcuri            Brown (SC)         Cooper                                                        Thompson (CA)
                                                                                                   Johnson, E. B.      Nunes
                                          Austria           Brown, Corrine     Costa
                                                                                                   Johnson, Sam        Nye
                                                                                                                                             Thompson (MS)      from the President of the United
                                          Baca              Brown-Waite,       Costello                                                      Thompson (PA)      States; which was read and, together
                                          Bachmann            Ginny            Courtney            Jones               Oberstar
                                                                                                                                             Thornberry
                                          Bachus            Buchanan           Crenshaw            Jordan (OH)         Obey
                                                                                                                                             Tiahrt
                                                                                                                                                                with the accompanying papers, without
                                          Baird             Burgess            Cuellar             Kagen               Olver                                    objection, referred to the Committee
                                                                                                   Kanjorski           Ortiz                 Tiberi
                                          Baldwin           Burton (IN)        Culberson                                                     Tierney            on Foreign Affairs and ordered to be
                                          Barrett (SC)      Butterfield        Cummings            Kaptur              Pallone
                                                                                                   Kennedy             Pascrell              Titus              printed:
                                          Barrow            Buyer              Dahlkemper                                                    Tonko
                                                                                                   Kildee              Pastor (AZ)
                                          Bartlett          Calvert            Davis (AL)
                                                                                                   Kilpatrick (MI)     Paulsen               Towns              To the Congress of the United States:
                                          Barton (TX)       Camp               Davis (CA)                                                                         In accordance with the provisions of
                                                                                                   Kilroy              Payne                 Tsongas
                                          Bean              Campbell           Davis (IL)
                                                                                                   Kind                Pence                 Turner             section 1512 of the Strom Thurmond
                                          Becerra           Cantor             Davis (KY)
                                                                                                   King (IA)           Perlmutter            Upton
                                          Berkley           Cao                Davis (TN)
                                                                                                                                             Van Hollen
                                                                                                                                                                National Defense Authorization Act for
                                          Berman            Capito             Deal (GA)           King (NY)           Perriello
                                                                                                   Kingston            Peters                Visclosky          Fiscal Year 1999 (Public Law 105–261), I
                                          Berry             Capps              DeFazio
                                          Biggert           Capuano            DeGette             Kirk                Peterson              Walden             hereby certify to the Congress that the
                                          Bilbray           Cardoza            Delahunt            Kirkpatrick (AZ)    Petri                 Walz               export of fine grain graphite to be used
                                                                                                   Kissell             Pingree (ME)          Wamp
                                          Bilirakis         Carnahan           DeLauro
                                                                                                                                             Wasserman
                                                                                                                                                                for solar cell applications and for the
                                          Bishop (GA)       Carney             Dent                Klein (FL)          Pitts
                                                                                                   Kline (MN)          Platts                  Schultz          fabrication of components used in elec-
                                          Bishop (NY)       Carson (IN)        Diaz-Balart, L.
                                          Bishop (UT)       Carter             Diaz-Balart, M.     Kosmas              Poe (TX)              Waters             tronic and semiconductor fabrication,
                                          Blackburn         Cassidy            Dicks               Kratovil            Polis (CO)            Watson             and two dual-motor, dual-shaft mixers
                                          Blumenauer        Castle             Dingell             Kucinich            Pomeroy               Watt
                                                                                                                                             Waxman
                                                                                                                                                                to be used to produce carbon fiber and
                                          Blunt             Castor (FL)        Doggett             Lamborn             Posey
                                                                                                                                                                epoxy prepregs for the commercial air-
smartinez on PROD1PC64 with HOUSE




                                          Boccieri          Chaffetz           Donnelly (IN)       Lance               Price (GA)            Weiner
                                          Boehner           Chandler           Doyle               Langevin            Price (NC)            Westmoreland       line industry is not detrimental to the
                                          Bonner            Childers           Driehaus            Larsen (WA)         Radanovich            Wexler             U.S. space launch industry, and that
                                          Bono Mack         Clarke             Edwards (MD)        Larson (CT)         Rahall                Whitfield
                                                                                                   Latham              Rangel                Wilson (OH)
                                                                                                                                                                the material and equipment, including
                                          Boozman           Clay               Edwards (TX)
                                          Boren             Cleaver            Ehlers              LaTourette          Rehberg               Wilson (SC)        any indirect technical benefit that
                                          Boswell           Clyburn            Ellison             Latta               Reichert              Wittman            could be derived from these exports,



                                    VerDate Nov 24 2008   01:30 Mar 18, 2009   Jkt 079060    PO 00000   Frm 00031     Fmt 7634   Sfmt 0634    E:\CR\FM\A17MR7.024    H17MRPT1
                                          H3472                                             CONGRESSIONAL RECORD — HOUSE                                                     March 17, 2009
                                          will not measurably improve the mis-                      To date, there have been 73 treat-                   risma, Mr. Speaker—stole the show in
                                          sile or space launch capabilities of the                ments for disease ethically using adult                the second half, keeping the explosive
                                          People’s Republic of China.                             forms of stem-cell research while em-                  Lakeview-Fort      Oglethorpe   offense
                                                                BARACK OBAMA.                     bryonic stem-cell research has failed to               scoreless in the third quarter and al-
                                                 THE WHITE HOUSE, March 17, 2009.                 provide a single treatment.                            lowing only seven points in the fourth
                                                           f                                        There is no one in this Chamber who                  quarter. As they say, defense wins
                                                                                                  does not wish to see science advance.                  championships.
                                              NATIONAL WOMEN’S HISTORY                                                                                     Mr. Speaker, we all know that the
                                                          MONTH                                   But as we progress, we must be mindful
                                                                                                  that science is best when it is used                   other thing that wins championships,
                                            (Ms. JACKSON-LEE of Texas asked                       within ethical boundaries. In our quest                of course, is hard work and determina-
                                          and was given permission to address                     for progress, if we compromise the                     tion, and there was no shortage of that
                                          the House for 1 minute and to revise                    morals that support us, what good will                 from     Carrollton     Coach     Shon
                                          and extend her remarks.)                                our so-called progress be then?                        Thomaston and the Lady Trojans.
                                            Ms. JACKSON-LEE of Texas. Mr.                                                                                  Mr. Speaker, I ask that my col-
                                                                                                                    f
                                          Speaker, obviously I rise to commemo-                                                                          leagues join me in congratulating the
                                          rate some special days, St. Patrick’s                   OUT-OF-CONTROL SPENDING MUST                           Carrollton High School Lady Trojans
                                          Day to all of my wonderful Irish                                         STOP                                  on their State championship, as well as
                                          friends all over the Nation, and cer-                     (Mr. LUETKEMEYER asked and was                       all of their hard work that got them
                                          tainly to perpetuate the wonderful re-                  given permission to address the House                  there.
                                          lationship that we have with the great                  for 1 minute.)                                                           f
                                          nation of Ireland.                                        Mr. LUETKEMEYER. Mr. Speaker,                        PRESIDENT OBAMA SHOULDN’T BE
                                            At the same time, we have the oppor-                  families and small businesses all across                SURPRISED ABOUT AIG BONUSES
                                          tunity to celebrate supporting the                      our country are making sacrifices, yet
                                          goals and ideals of National Women’s                                                                             (Mr. BURTON of Indiana asked and
                                                                                                  our government continues to spend                      was given permission to address the
                                          History Month, and I thank my good                      like a drunken sailor. And how does
                                          friend, Congresswoman LYNN WOOLSEY,                                                                            House for 1 minute and to revise and
                                                                                                  Washington propose paying for all this                 extend his remarks.)
                                          for offering H. Res. 211, supporting the                spending? With more tax increases on
                                          goals and ideals of National Women’s                                                                             Mr. BURTON of Indiana. Mr. Speak-
                                                                                                  hardworking families and small busi-                   er, the President showed some real
                                          History Month.                                          nesses, the very businesses that are
                                            There is so much we can say as part                                                                          anger about the bonuses that were paid
                                                                                                  crucial generators of job creation and                 to AIG executives. The problem is, he
                                          of the great history of the women of                    economic growth.                                       either knew they were getting the bo-
                                          this country and around the world, but                    The President’s budget includes the                  nuses or he should have because every
                                          we all should note that women express                   largest tax increase in history, shoul-                one of the spending bills that came
                                          and exhibit a very special part of                      dering our families and small busi-                    through this House went through a
                                          American history.                                       nesses with the cost of an ever-expand-                conference committee, and the White
                                            Today, women account for 51 percent                   ing government. Tax increases on                       House was deeply involved in what was
                                          of the world’s population, and through-                 small businesses will stifle job creation              put in those conference committee re-
                                          out women’s time, we have had count-                    and economic growth at the very mo-                    ports.
                                          less sisters of brilliance. And so I sa-                ment our country needs a strong and                      The stimulus package, the TARP
                                          lute them today and say we must stand                   robust small-business sector to help us                bill, every single bill that gave money
                                          for the cause of pay equity, and I am                   get back on solid ground.                              to AIG and to others went through the
                                          excited that one of the first bills that                  The President’s cap-and-trade pro-                   scrutiny of the White House. The Presi-
                                          the President signed was pay equity.                    gram will increase the cost of energy                  dent is up there today saying, ‘‘Oh my
                                            I am also excited to note that I of-                  for all Americans and place a tax of                   gosh, this is terrible,’’ and he shows
                                          fered legislation to support the place-                 about $3,000 per household in my dis-                  real anger. Well, if he didn’t know
                                          ment of Sojourner Truth, a suffragette                  trict for this very program. Hard-                     about it, he should have; and if he did
                                          and an abolitionist, in the House of the                working families and businesses all                    know about it, he shouldn’t be raising
                                          United States Capitol, and that will be                 across my district and America are                     Cain about it.
                                          done.                                                   asking: What is going on in Wash-                                        f
                                            Let me close by simply thanking all                   ington? Does it have a clue how we
                                          of the great women of this Nation, Bar-                                                                               THE REAL AIG OUTRAGE
                                                                                                  work hard and how we earn our money
                                          bara Jordan and others, for what they                   and what we are doing with it?                           (Mr. STEARNS asked and was given
                                          have done and what they have contrib-                     This out-of-control spending must                    permission to address the House for 1
                                          uted to America’s history.                              stop.                                                  minute and to revise and extend his re-
                                                           f                                                                                             marks.)
                                                                                                                    f
                                                                                                                                                           Mr. STEARNS. Mr. Speaker, the pre-
                                            HUMAN EMBRYONIC STEM-CELL
                                                                                                                        b 1530                           vious speaker mentioned the outrage
                                                         RESEARCH
                                                                                                                                                         about the bonuses to AIG. That’s not
                                            (Mr. LAMBORN asked and was given                      CONGRATULATING            CARROLLTON
                                                                                                                                                         the real outrage. The real outrage is
                                          permission to address the House for 1                     HIGH SCHOOL LADY TROJANS ON
                                                                                                                                                         that taxpayers have given AIG $173 bil-
                                          minute.)                                                  STATE CHAMPIONSHIP
                                                                                                                                                         lion, and this amount of money was
                                            Mr. LAMBORN. Mr. Speaker, human                         (Mr. GINGREY of Georgia asked and                    then used to funnel out to other finan-
                                          lives should never be sacrificed for the                was given permission to address the                    cial institutions.
                                          promotion of science. The very purpose                  House for 1 minute and to revise and                     After     months    of    government
                                          of science is to uphold and protect life.               extend his remarks.)                                   stonewalling, on Sunday night AIG of-
                                          We cannot in one breath say we want                       Mr. GINGREY of Georgia. Mr. Speak-                   ficially acknowledged where most of
                                          to advance science in order to save                     er, I rise to recognize a very talented                the taxpayer funds had been going.
                                          lives, and in the next support science                  group of girls from Carrollton, Georgia.               Since September 16, AIG has spent $120
                                          that devalues the life of the smallest                  The Carrollton High School Girls Bas-                  billion in cash, collateral, and other
                                          and most defenseless humans. All                        ketball team—or the Lady Trojans—de-                   payments to banks, municipal govern-
                                          human life is sacred.                                   feated a very talented Lakeview-Fort                   ments, and other derivative counter-
                                            The alternatives to embryonic stem-                   Oglethorpe team 51–31 to claim the                     parties around the world. This also in-
                                          cell research are vast. There is no rea-                Class AAA Georgia High School Asso-                    cludes $20 billion to European banks.
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                                          son to force taxpayers to fund research                 ciation State title this weekend.                      We never intended for this money to go
                                          that will destroy human life because                      The Lady Trojans found themselves                    overseas; the taxpayers thought it was
                                          the advances we are seeing from adult                   down at the half, 24–23. However,                      going to AIG.
                                          stem-cell research hold tremendous                      Carrollton’s defense, led by Karisma                     This list also includes American
                                          promise.                                                Boykin—always helps to have cha-                       charity cases like Goldman Sachs,



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                  H3473
                                          which received $13 billion. This comes                  real winners, however, Mr. Speaker, of                            SPECIAL ORDERS
                                          after months of claims by Goldman                       this game were the kids from the Fort                    The   SPEAKER pro tempore (Mr.
                                          Sachs themselves that they did not                      Dupont Ice Hockey Club.                                TONKO). Under the Speaker’s an-
                                          need the money. Then why take it?                         I yield to Mr. MURPHY.                               nounced policy of January 6, 2009, and
                                            Mr. Speaker, that’s the real AIG out-                   Mr. PATRICK J. MURPHY of Penn-                       under a previous order of the House,
                                          rage.                                                   sylvania. Mr. Speaker, it was a great                  the following Members will be recog-
                                                           f                                      charity event.                                         nized for 5 minutes each.
                                             AIG SHOULD PAY BACK EVERY                              There are a lot of challenges facing
                                                                                                                                                                           f
                                            CENT THEY SPENT ON BONUSES                            our country right now where our focus
                                                                                                  is, but we took time out for the kids to                  AMERICA’S ECONOMIC POLICY:
                                            (Mr. HALL of New York asked and
                                                                                                  make sure that we raised money. These                        SPEND, BORROW AND TAX
                                          was given permission to address the
                                                                                                  kids could not afford to play the game                   The SPEAKER pro tempore. Under a
                                          House for 1 minute.)
                                            Mr. HALL of New York. Mr. Speaker,                    of hockey, which really demonstrates                   previous order of the House, the gen-
                                          I was as shocked as all Americans were                  and embodies the sense of teamwork                     tleman from Texas (Mr. POE) is recog-
                                          to learn about AIG, the recipient of                    and goal setting. It was great to be                   nized for 5 minutes.
                                          more than $170 billion of taxpayer                      with those kids, with the first African                  Mr. POE of Texas. Mr. Speaker,
                                          money, paying out more than $165 mil-                   American NHL player, who was also                      America’s new economic policy is real
                                          lion in bonuses to its executives. Where                there. And I would also like to high-                  simple; spend a lot of money, borrow a
                                          I come from, when you run your com-                     light the cooperation of the Wash-                     lot of money, and tax everybody, all in
                                          pany into the ground, you get fired,                    ington Capitals.                                       an effort to make the United States a
                                          you do not get a bonus.                                   I would like to say that our colleague               country like socialist France. And the
                                            Seventy-three people at AIG received                  from New York (Mr. WEINER), who got                    method to pay for these high-dollar
                                          bonuses of more than $1 million; that                   the puck of the game, who was our                      programs that the administration is
                                          includes one bonus of $6.4 million, six                 goaltender, a lot of folks did say that                now funding is to tax everything, espe-
                                          more who received more than $4 mil-                     he had cat-like reflexes. He reminded                  cially energy.
                                          lion each. Eleven people received reten-                me of a young Mike Richter, who most                     The first part of the ‘‘tax energy
                                          tion bonuses, that is, bonuses specifi-                 folks understand is a New York Rang-                   plan’’ is to tax energy consumption.
                                          cally designed to keep valuable em-                     er, won the World Cup for Team Amer-                   Now we understand that every home-
                                          ployees from leaving the company.                       ica that was played at the Wachovia                    owner in the United States will be
                                          Well, you know what? They have al-                      Center in Philadelphia. But Mike Rich-                 taxed approximately $3,000 a year every
                                          ready left the company—take the re-                     ter is from the suburbs of Philadelphia,               year for the consumption of energy in
                                          tention bonus and then leave; all this                  and I was proud of that comparison of                  that home. So every time you turn on
                                          from a company that is 80 percent                       ANTHONY WEINER to Mike Richter. I                      the lights, you turn up the taxes. You
                                          owned by the taxpayer. The people of                    sometimes question the athletic abil-                  use a little bit of heat to keep warm in
                                          the United States are not going to                      ity of Mr. WEINER, but that day he real-               the winter, you’re going to pay the
                                          stand for this behavior from these peo-                 ly showed his skill.                                   heat tax, all in an effort to bring rev-
                                          ple; neither would I, neither should                      Mr. WEINER. Will the gentleman                       enue in for these high-dollar programs.
                                          this House.                                             yield so I may defend myself?                            There are more ideas to tax energy.
                                            AIG should pay back every cent they                     Mr. PATRICK J. MURPHY of Penn-                       One is to increase the gasoline tax—not
                                          spent on ‘‘performance bonuses,’’ and                   sylvania. I will yield.                                that we aren’t paying enough for gaso-
                                          the only reward they should get for                       Mr. WEINER. First of all, let me join                line already, now we’re going to pay 10
                                          their performance is a pink slip.                       with my colleagues in expressing the                   cents more a gallon in the gasoline tax.
                                                           f                                      gratitude that we all have to the orga-                We use gasoline, we’re going to give
                                           FORT DUPONT ICE HOCKEY CLUB                            nizers that helped raise so much money                 the government more money.
                                                                                                  for these kids that play in the inner                    And then, thirdly, there is the mile-
                                            (Mr. HIGGINS asked and was given                      city. They scarcely have rinks, unlike
                                          permission to address the House for 1                                                                          age tax that is being proposed. What
                                                                                                  in Buffalo and some of our commu-                      that means, Mr. Speaker, is for every
                                          minute.)                                                nities. It was really a terrific program.
                                            Mr. HIGGINS. Mr. Speaker, the first                                                                          mile you drive somewhere in the
                                                                                                  I’m glad we were able to do it.                        fruited plain, the government is going
                                          annual Lawmakers versus Lobbyists
                                                                                                    ‘‘Lobbyists’’ is a dirty word in this                to track you with GPS, and at the end
                                          Charity Hockey Game took place 2
                                                                                                  town now—and sometimes they played                     of the day you are going to get taxed
                                          weeks ago on Friday, March 6. The
                                                                                                  a little dirty on the ice, but we will put             on mileage tax. Being tracked by GPS
                                          game was played at the Kettler Cap-
                                                                                                  that aside because the result was the                  by the Federal Government sounds a
                                          itals Iceplex, the practice facility of
                                                                                                  same.                                                  little bit like Big Brother out of ‘‘1984’’
                                          the NHL’s Washington Capitals.
                                            The game was a fundraiser for the                       I just want to say, being a great                    to me.
                                          Fort Dupont Ice Hockey Club of Wash-                    hockey player in Congress is kind of                     Contrary to some places in the
                                          ington, D.C. The club is a develop-                     like being the one-eyed man in the land                United States, where I come from we
                                          mental program that provides local,                     of the blind; I’m not sure it says all                 don’t have mass transit. We don’t have
                                          inner-city youth with an opportunity                    that much. But I want to thank Con-                    choo-choo trains that run and take ev-
                                          to participate in an organized ice hock-                gressman      HIGGINS—who      I   believe             erybody to work. I have an area made
                                          ey program.                                             scored two goals; I learned that by                    up predominantly of rice farmers, sub-
                                            More than $25,000 was raised for this                 watching the news reports and hearing                  urban areas, petrochemical areas, and
                                          organization. The Lawmakers team                        him say it again and again throughout                  we don’t have high-dollar trains like
                                          was led by Senator JOHN KERRY, Con-                     his quotes—and also you, Mr. MURPHY.                   the one that is being built from Los
                                          gressman      ANTHONY      WEINER—who                   I have never seen a hockey player                      Angeles to Las Vegas, or from La La
                                          played goalie with his cat-like re-                     skate that slowly, but somehow you                     Land to Fantasy Land. People have to
                                          flexes—Congressman PATRICK MURPHY,                      managed to get to every puck.                          drive work trucks, that’s what they
                                          and me. Also, Bob Fisher, the assistant                   This is a great cause. Let’s hope that               drive, but now they are going to be
                                          manager of the Cloak Room, partici-                     we do it every 10 or 12 years or so be-                taxed for driving. And of course that is
                                          pated in the Members’ team.                             cause that’s how long it takes us all to               taxing the American worker and the
                                            The Lobbyists were led by Nick                        recover. I thank you very much for                     consumer.
                                          Lewis and Jeffrey Kimbell. Lobbyist                     what you have done, and I thank you                      And now there are going to be new
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                                          Captain Nick Lewis and Lawmaker                         for persuading me to play in the game.                 energy taxes on energy companies—
                                          Captain Tim Regan squared off for the                   It is true, I am cat-like in the crease.               you know, those mean old energy com-
                                          ceremonial opening face-off.                            I curl up in a ball and just sleep                     panies that produce energy to keep the
                                            The Lawmakers won a hard-earned 6–                    through the game while you guys did                    lights on in this place and other places,
                                          4 victory in this inaugural contest. The                the hard work.                                         and so we can drive our vehicles and



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                                          H3474                                             CONGRESSIONAL RECORD — HOUSE                                                     March 17, 2009
                                          that sort of thing. But the energy com-                 regime change across Eastern Europe.                   regulation, and questionable behavior
                                          panies are going to pass that tax on to                 And a serious economic crisis preceded                 have led to a widespread perception
                                          the rest of us. And what that means,                    the French Revolution. So the record is                that American-style capitalism is
                                          you cut through all the taxes, because                  clear that economic crises can have                    unsustainable. This perception may be
                                          of the new energy tax on energy com-                    consequences for national security of                  the most corrosive effect of the current
                                          panies, every American is going to add                  the highest order. Here in the United                  crisis.
                                          41 cents to their gasoline; in other                    States, our economic strength has al-                    Mr. Speaker, our response to the
                                          words, that’s passed on to us. You add                  ways been the foundation of our na-                    global economic crisis must be far
                                          on the mileage tax, you add on the 10-                  tional power and our national security.                reaching and far seeing. We must re-
                                          cent tax for using gasoline, and now                    Economics plays no less important a                    store our economy, maintain and en-
                                          we’ve got another 41 cents that will be                 role in the fate of many other nations.                hance our key instruments of national
                                          passed on to the American consumer.                       Knowing this, the House Armed Serv-                  power, including the Department of De-
                                            Now the new cap-and-trade idea—it                     ices Committee decided to explore how                  fense, and take an approach with the
                                          really should be called cap-and-tax—is                  the current global financial crisis is af-             world that reestablishes our credibility
                                          sending energy companies packing                        fecting national security by holding a                 and claim to world leadership. We must
                                          their bags. Mr. Speaker, what I mean                    hearing last week with a distinguished                 support our friends and maintain our
                                          by that is, they’re leaving town. The                   panel of economic and national secu-                   alliances. We must not become so self
                                          taxes are too high. They’re not going                   rity experts. We had been working to                   absorbed that we fail to recognize our
                                          to stay here any longer. It’s been re-                  hold such a hearing since November,                    long-term strategic interests. And we
                                          ported by different media sources that                  but the urgency of this effort was only                must be very clear, in today’s world a
                                          the new country, the new place for en-                  emphasized when the Director of Na-                    strong national defense is not a luxury,
                                          ergy companies to move is a place                       tional Intelligence, Admiral Dennis                    it is an imperative.
                                          called Zug, Switzerland. You’ve prob-                   Blair, stated in this annual threat as-                                  f
                                          ably never heard of it. You have to                     sessment that the global financial cri-
                                          look it up on a map to find it. But the                 sis represents the primary near-term                   REPORT ON RESOLUTION PRO-
                                          tax rate for corporations in that area                  concern for U.S. national security.                      VIDING FOR CONSIDERATION OF
                                          of Switzerland is 9 percent. The cor-                   During our hearing, we learned more                      H.R. 1388, GENERATIONS INVIG-
                                          porate tax in the United States on                      about the many ways the world has                        ORATING VOLUNTEERISM AND
                                          those energy companies is 35 percent.                   been thrown into serious turmoil by                      EDUCATION ACT
                                          No wonder they’re leaving town. They                    this sudden global shock and that                        Mr. HASTINGS of Florida, from the
                                          can’t afford to do business in the                      many if not most of the international                  Committee on Rules, submitted a priv-
                                          United States.                                          consequences are yet to come.                          ileged report (Rept. No. 111–39) on the
                                                                                                    We learned that, at a minimum, the                   resolution (H. Res. 250) providing for
                                                           b 1545                                 global financial crisis will exacerbate                consideration of the bill (H.R. 1388) to
                                            The U.S. energy companies are going                   an already growing set of political and                reauthorize and reform the national
                                          someplace else because of the over-                     economic challenges facing the world.                  service laws, which was referred to the
                                          whelming tax structure here.                            In country after country, the crisis is                House Calendar and ordered to be
                                            Mr. Speaker, the answer is not to tax                 increasing citizen discontent and anger                printed.
                                          more but to allow more energy produc-                   toward their leaders and providing an
                                          tion, novel thought that that is. Rath-                 excuse for authoritarian regimes to                                      f
                                          er than run energy companies out of                     consolidate their power. It distracts                    The SPEAKER pro tempore. Under a
                                          town, maybe we ought to let them ex-                    and strains our allies and generates                   previous order of the House, the gen-
                                          pand in the Outer Continental Shelf.                    conditions that could provide fodder                   tleman from North Carolina (Mr.
                                          That would actually create thousands                    for terrorism. Financial turmoil can                   JONES) is recognized for 5 minutes.
                                          of American jobs. We wouldn’t be send-                  loosen the fragile hold that many coun-                  (Mr. JONES addressed the House. His
                                          ing money overseas to OPEC. We’d                        tries have on law and order and in-                    remarks will appear hereafter in the
                                          keep that money in the United States.                   crease the number and size of                          Extensions of Remarks.)
                                          We’d keep the lease revenue that those                  ungoverned spaces.                                                       f
                                          oil companies have to pay for to get                      While most of the experts we heard
                                                                                                  from agree that the strongest econo-                        THE PLIGHT OF THE IRAQI
                                          that oil out of the Outer Continental
                                                                                                  mies will weather this storm, it is the                        REFUGEES CONTINUES
                                          Shelf. We’d keep that lease revenue in
                                          the United States. And we’d also keep                   fragile states that worry me the most.                   The SPEAKER pro tempore. Under a
                                          the tax revenue in the United States.                   Emerging      democracies     throughout               previous order of the House, the gentle-
                                            But, Mr. Speaker, the new French                      Eastern and Central Europe, Africa,                    woman from California (Ms. WOOLSEY)
                                          economic plan is tax anything that                      and Asia will turn to the Western                      is recognized for 5 minutes.
                                          produces in this country, and now                       world for support. If we cannot or do                    Ms. WOOLSEY. Mr. Speaker, the
                                          we’re going to tax energy out of the en-                not help them, they may be forced into                 President has announced a plan to re-
                                          ergy business, including consumers                      economic alliances of necessity with                   deploy troops from Iraq, and if you’re
                                          that use energy. I guess next year, Mr.                 long-term consequences. When Iceland                   watching the nightly news or pick up a
                                          Speaker, we’ll all wonder why we’re                     recently turned without success to its                 paper, you might think that the occu-
                                          just freezing in the dark because we                    friends in the West, it found a ‘‘new                  pation was actually over. But when
                                          don’t have any energy because it all                    friend’’ in Russia. Jamaica has received               was the last time you saw a major TV
                                          left town.                                              significant financial assistance from                  news story from Iraq or some ink at
                                            And that’s just the way it is.                        China. The list of countries in critical               least above the fold about Iraq?
                                                           f                                      regions in need of such assistance is                    Sadly, the United States’ occupation
                                                                                                  long indeed. Economic pressures within                 of Iraq is far from over. The need still
                                          SECURITY CHALLENGES ARISING                             European countries might even become                   remains for a stable nation and a sta-
                                            FROM THE GLOBAL FINANCIAL                             so severe as to seriously weaken or un-                ble Iraqi Government that is able to
                                            CRISIS                                                ravel the ties that bind the countries of              provide basic services and a sense of
                                            The SPEAKER pro tempore. Under a                      the European Union and NATO Alli-                      normalcy and support of the rule of law
                                          previous order of the House, the gen-                   ance together.                                         for everyone in Iraq.
                                          tleman from Missouri (Mr. SKELTON) is                     Perhaps most serious, at a time when                   Almost 6 years ago today, the United
                                          recognized for 5 minutes.                               U.S. leadership is sorely needed, our                  States military was mobilized in a pre-
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                                            Mr. SKELTON. Mr. Speaker, stu-                        international credibility is at an un-                 emptive attack on Iraq. By now we all
                                          dents of history know that hyper-                       precedented low. The crisis is causing                 know there were no weapons of mass
                                          inflation in Germany was a significant                  the emerging nations to question the                   destruction. However, destruction was
                                          factor in the rise of Hitler. The eco-                  Western model of market capitalism.                    left in the wake of the invasion. Both
                                          nomic decay of the Soviet Union led to                  Flawed policies, poor decisions, weak                  the Iraqi and American Governments



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                  H3475
                                          must focus on these immediate press-                      (Mr. DEFAZIO addressed the House.                    ance sheet of our financial institutions.
                                          ing human needs rather than con-                        His remarks will appear hereafter in                   Instead, we’re told that the way to im-
                                          tinuing military presence. A prolonged                  the Extensions of Remarks.)                            prove these balance sheets is to take
                                          occupation is not the answer. Pros-                                       f                                    assets off the balance sheet, albeit the
                                          perity and stability will not come at                     The SPEAKER pro tempore. Under a                     so-called toxic assets. There’s nothing
                                          the end of a gun. We must support re-                   previous order of the House, the gen-                  the matter with those assets except
                                          construction. We must support rec-                      tleman from North Carolina (Mr.                        they’re worth less than they used to be.
                                          onciliation efforts. And we must find                   MCHENRY) is recognized for 5 minutes.                  You do not strengthen financial insti-
                                          the best way out of Iraq so that we can                   (Mr. MCHENRY addressed the House.                    tutions by taking their assets. You
                                          begin all of this. And the best way is by               His remarks will appear hereafter in                   strengthen them by putting them in re-
                                          bringing our troops and military con-                   the Extensions of Remarks.)                            ceivership and removing their liabil-
                                          tractors home from Iraq so then we can                                    f                                    ities.
                                          give Iraq back to the Iraqis and work                     The SPEAKER pro tempore. Under a                       Now we’re focused on the bonuses
                                          with them to rebuild reconciliation and                 previous order of the House, the gen-                  being paid to the croupiers of this AIG
                                          to return to their homes.                               tleman from New York (Mr. HALL) is                     casino. Receivership would have been
                                            Families face unimaginable hard-                      recognized for 5 minutes.                              the clearest way to prevent those pay-
                                          ships, from widespread violence and                       (Mr. HALL of New York addressed
                                          suicide attacks to the destruction of                                                                          ments from being made, but we weren’t
                                                                                                  the House. His remarks will appear                     told about those outrageous bonuses
                                          their schools, their hospitals, and util-               hereafter in the Extensions of Re-
                                          ity providers. Some of the devastation                                                                         until hours before they were distrib-
                                                                                                  marks.)                                                uted.
                                          can be and is actually visible, and it’s
                                                                                                                    f
                                          rubble that still litters the streets and
                                          walled-off sections of neighborhoods.                               THE AIG CASINO                                               b 1600
                                            The more difficult picture to capture                    The SPEAKER pro tempore. Under a                      Now all that money is in the hands of
                                          is that of the refugees. Millions have                  previous order of the House, the gen-                  the executives. No doubt they have got
                                          fled their homes never to return. Na-                   tleman from California (Mr. SHERMAN)                   them in Cayman Island accounts as we
                                          tionwide there are between 1.6 million                  is recognized for 5 minutes.                           speak.
                                          and 2.8 million internally displaced                       Mr. SHERMAN. Mr. Speaker, the
                                          people, refugees who left their homes                                                                            Those bonuses should have been dis-
                                                                                                  AIG Financial Products unit created a
                                          but not Iraq. According to the Inter-                                                                          closed to us, but there is something
                                                                                                  casino. At that casino, people were in-
                                          national Organization of Migration,                                                                            this Congress can do, and that is
                                                                                                  vited to bet on credit default swaps.
                                          only 288,000 have returned home. Refu-                                                                         through the Tax Code. Impose on the
                                                                                                  Smart people went to that casino, the
                                          gees International calls this one of the                                                                       executives of all TARP bailed-out
                                                                                                  largest financial institutions, the rich-
                                          largest humanitarian and displacement                                                                          firms a special surtax on that portion
                                                                                                  est and the most powerful in the world.
                                          crises in the world. They say ‘‘most are                                                                       of their compensation which is excess.
                                                                                                  They were smart. They bet against the
                                          unable to access their food rations and                 mortgage market of the United States.                    I think that ought to be the portion
                                          are often unemployed; they live in                      They won. But they broke the bank.                     in excess of $500,000, excluding re-
                                          squalid conditions, have run out of re-                    Now when ordinary gamblers break                    stricted stock. That is the exact stand-
                                          sources, and find it extremely difficult                the bank, they have to settle for less                 ard put forward by President Obama
                                          to access essential services.’’                         than their full winnings. But these, as                for his toughest standard on executive
                                            Mr. Speaker, the Iraqi Government                                                                            compensation.
                                                                                                  I said, are the most rich and powerful
                                          has established a program to reimburse                                                                           That tax could be at the 60, 70, 80 per-
                                                                                                  and best—connected institutions in the
                                          Iraqi families who have lost their                                                                             cent level, and those executives who
                                                                                                  world, and they want everything the
                                          homes. Most families get about half of                                                                         did not want to pay the tax could, in-
                                                                                                  contract calls for. And that is why
                                          their home’s value, and that’s when                                                                            stead, return the excess portion of
                                                                                                  American taxpayers have provided $170
                                          someone can safely come into the area
                                                                                                  billion in payments and risk assump-                   their compensation to their employer.
                                          to assess the damage. This process is
                                                                                                  tion so that these gamblers would be                   It is important that this tax law apply
                                          slow going and will never make these
                                                                                                  paid.                                                  not only to those who received excess
                                          families whole.
                                            But to what are Iraqi families return-                   That is not how capitalism is sup-                  payments in 2009, but also those who
                                          ing? Refugees International found that                  posed to work. When you’re owed                        received the excess payments in 2008.
                                          some Iraqis who have tried to return                    money by an insolvent financial insti-                   We have a precedent for having ex-
                                          home have found their homes occupied                    tution, that institution is supposed to                cess profits taxes. We can have a spe-
                                          or destroyed, the likelihood of violence                be in receivership. Those who have in-                 cial tax on excess compensation.
                                          still high, a collapse of social services,              sured accounts or insured life insur-                    We also, though, need to put AIG and
                                          and neighborhoods divided into sec-                     ance policies get paid; everybody else                 others into receivership because this is
                                          tarian areas.                                           takes a substantial haircut. But, in-                  the way we can deal, not with the bo-
                                            Sadly, the U.S. occupation has                        stead, Wall Street is telling us that                  nuses, which are in the hundreds of
                                          caused this to happen. But the good                     there is this sanctity of contract; so                 millions of dollars, but deal with the
                                          news is we have a chance to bring our                   they must get every penny that Wall                    tens and hundreds of billions of dollars
                                          troops home, give Iraq back to the                      Street is supposed to get under the                    of taxpayer money that are being dis-
                                          Iraqi people, and let them have their                   contract.                                              bursed to the wealthiest financial in-
                                          sovereignty and let them get home to                       Wait a minute. Sanctity of contract?
                                                                                                                                                         stitutions of the world, including tens
                                          their properties. We need to help them                  Every bankruptcy, every receivership
                                                                                                                                                         of billions of dollars going overseas.
                                          do that. What we don’t need to be                       involves setting aside virtually every
                                          doing is spending more money on the                     contract of the insolvent financial in-                  In order to get this economy moving
                                          military occupation in Iraq.                            stitution. And when Richard Nixon was                  again, we need banks and other finan-
                                                           f                                      President, he, through wage and price                  cial institutions with strong balance
                                            The SPEAKER pro tempore. Under a                      controls, shredded every wage contract                 sheets. The way to get strong balance
                                          previous order of the House, the gen-                   in this country.                                       sheets is to write down liabilities, not
                                          tleman from Indiana (Mr. BURTON) is                        Receivership is the way to clean up                 to ‘‘get rid of’’ certain assets by calling
                                          recognized for 5 minutes.                               the balance sheets of our financial in-                them toxic assets. It is unlikely that
                                            (Mr. BURTON of Indiana addressed                      stitutions. But we’re not focused on it                we will pursue this plan because it will
                                          the House. His remarks will appear                      because it costs the shareholders, it                  lead to substantial losses for the most
                                          hereafter in the Extensions of Re-                      costs the creditors, it costs manage-                  powerful, richest and best-connected
                                          marks.)                                                                                                        institutions and individuals in this
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                                                                                                  ment, and they would rather give us a
                                                           f                                      ‘‘solution’’ that costs the American                   country, but it is the way for us to go
                                            The SPEAKER pro tempore. Under a                      taxpayer.                                              forward.
                                          previous order of the House, the gen-                      Receivership means that you strip                     I look forward to working with my
                                          tleman from Oregon (Mr. DEFAZIO) is                     some liabilities off the balance sheet.                colleagues to getting to a plan that
                                          recognized for 5 minutes.                               That is the way to strengthen the bal-                 serves Main Street, not Wall Street.



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                                          H3476                                             CONGRESSIONAL RECORD — HOUSE                                                        March 17, 2009
                                             SECOND AMENDMENT RIGHTS                              woman from Texas (Ms. JACKSON-LEE)                        Benitez, Luis Enrique, Jr, SPC, Bel Air,
                                                                                                  is recognized for 5 minutes.                            MD 21014; Fowler, Allen Mitchell, SGT, Bel
                                            The SPEAKER pro tempore. Under a                                                                              Air, MD 21014; Sullens, Jeffrey Lee, SGT,
                                          previous order of the House, the gen-                     (Ms. JACKSON-LEE of Texas ad-
                                                                                                                                                          Belcamp, MD 21017; Frederick, Robert, SPC,
                                          tleman from Kansas (Mr. MORAN) is                       dressed the House. Her remarks will
                                                                                                                                                          Preston, MD 21655; Zimmerman, Maria
                                          recognized for 5 minutes.                               appear hereafter in the Extensions of                   Masha, SPC, Preston, MD 21655; Wood, James
                                            Mr. MORAN of Kansas. Mr. Speaker,                     Remarks.)                                               Spencer, SPC, Cockeysville, MD 21030;
                                          I come this afternoon to the House of                                      f                                    Smack, Derrick Clinton, SPC, Delmar, MD
                                          Representatives to bring a message                                                                              21875.
                                                                                                  SALUTING 290TH MILITARY POLICE                            Dixon, Kassey Craig, SPC, Elkridge, MD
                                          from Kansans and those who support
                                                                                                                 COMPANY                                  21075; Dixon, Kim Craig, SGT, Elkridge, MD
                                          the Second Amendment.
                                                                                                     The SPEAKER pro tempore. Under a                     21075; Saunders, James Junior, 1SG, Hanover,
                                            The United States Supreme Court                                                                               MD 21076; Baschogeorge, Franklyn L, SGT,
                                          ruled last year that the Second Amend-                  previous order of the House, the gen-
                                                                                                                                                          Jessup, MD 20794; Buckingham, Victoria
                                          ment guarantees an individual’s right                   tleman from Maryland (Mr. KRATOVIL)                     Kathari, SGT, Laurel, MD 20708; Sadler,
                                          to own firearms and that Washington                     is recognized for 5 minutes.                            Brandon Anthony, SPC, Port Deposit, MD
                                          DC’s gun ban is unconstitutional. This                     Mr. KRATOVIL. Mr. Speaker, I rise                    21904; Ward, John Allen, SPC, Port Deposit,
                                          decision was a win for all Americans                    today to honor the 290th Military Po-                   MD 21904.
                                          and sent a message to governments                       lice Company of Adelphi, Maryland.                        Clayton, John Joseph, SSG, Annapolis, MD
                                          across the country in support of Sec-                   Earlier this month I had the honor of                   21409; Tull, Thomas David, SSG, Severn, MD
                                                                                                                                                          21144; Windisch, Catherine Anne, SSG, An-
                                          ond Amendment freedoms.                                 attending a welcome home ceremony                       napolis, MD 21409; Blevins, Richard Earl,
                                            Unfortunately in recent weeks we                      for the soldiers.                                       SGT, Hebron, MD 21830; Calhoun, Susan
                                          have heard from administration offi-                       In June of 1948, the ‘‘Defenders’’ re-               Mabel, SGT, Delmar, MD 21875; Cannon,
                                          cials and gun control advocates that                    ceived their original Federal recogni-                  Anitra Chantal, SPC, Crisfield, MD 21817;
                                          they are pushing to restrict an individ-                tion and were activated several times                   Dixon, Joel Harrison, SPC, Salisbury, MD
                                          ual’s gun rights, the rights guaranteed                 during the 1960s and 1970s to quell civil               21804.
                                          by our Constitution. Discussing esca-                   disturbance in Cambridge, Salisbury                       Henley, Tony Mario, Jr, SPC, Pittsville,
                                          lating violence caused by drug cartels                                                                          MD 21850; Houston, Martin Lee, Jr, SPC,
                                                                                                  and Baltimore, Maryland. In 1990, the                   Ocean City, MD 21842; Insley, Amber Joy,
                                          in Mexico, U.S. Attorney General Eric                   290th was mobilized both in support of                  SPC, Princess Anne, MD 21853; Marvin, An-
                                          Holder last month called for rein-                      Operation Desert Shield and of Desert                   drew Michael, SGT, Salisbury, MD 21804;
                                          stating the so-called assault weapons                   Storm.                                                  Richards, Johnathan, SPC, Pocomoke, MD
                                          ban.                                                       On September 11, the 290th was again                 21851; Hunter, Christy Lynn, SGT, Crisfield,
                                            This is the wrong approach. Instead                   called to service to secure the crash                   MD 21817.
                                          of punishing law-abiding American gun                   site at the Pentagon while rescue and                                   f
                                          owners, our citizens, our country                       recovery operations took place. From
                                          should be working to enforce existing                                                                                 FISCAL RESPONSIBILITY
                                                                                                  there, the 290th was mobilized under
                                          gun laws that outlaw illegal purchases.                 Operation Noble Eagle for homeland                        The SPEAKER pro tempore. Under a
                                          We should secure our borders, and we                    defense.                                                previous order of the House, the gen-
                                          should work to increase the coopera-                       The 290th was again called upon to                   tleman from Tennessee (Mr. ROE) is
                                          tion between the United States and                      help support Operation Enduring Free-                   recognized for 5 minutes.
                                          Mexican authorities.                                                                                              Mr. ROE of Tennessee. Mr. Speaker,
                                                                                                  dom in Afghanistan. During the mis-
                                            Many Kansans are also concerned                                                                               while I was running for Congress last
                                          about H.R. 45, legislation that has been                sion, the 290th provided force protec-
                                                                                                                                                          year, I noticed that Democrats every-
                                          proposed to license gun owners and                      tion for key air bases, including those
                                                                                                                                                          where were campaigning on the notion
                                          track firearms sales. I am hopeful that                 in Pakistan.
                                                                                                                                                          that they were fiscally responsible and
                                          this bill does not have the support to                     In 2005, when Hurricane Katrina dev-
                                                                                                                                                          would make wise decisions for our
                                          be approved by this Congress.                           astated the gulf region, once again the
                                                                                                                                                          country based on what we could afford.
                                            An article in today’s Wichita Eagle,                  290th was sent to Mississippi to assist                   Frankly, as the former mayor of
                                          our newspaper at home, highlights an                    local law enforcement with emergency                    Johnson City, Tennessee, who has
                                          ironic twist. The article reports that                  and relief operations. And, again, in                   grown accustomed to balanced budgets
                                          news of gun control efforts, along with                 October 2007, the 290th was once again                  and living within our means, this
                                          concerns that crime will increase with                  mobilized and deployed in support of                    sounded pretty good. It made me ex-
                                          a troubled economy, has ramped up the                   Operation Iraqi Freedom. This is a unit                 cited to come to Washington and get
                                          demand for firearms and ammunitions.                    that has been asked to serve our Na-                    our financial house in order.
                                          Shortages are now common as retail                      tion all over the world and right here                    My excitement, however, was short
                                          stores are having trouble keeping guns                  at home, and each time it has re-                       lived when I realized how thoughtlessly
                                          and ammunition on the shelves.                          sponded to the call of duty valiantly                   we would spend a billion dollars. First
                                            I want to restate that our Founding                   and honorably. But now, deservedly,                     we approved the second $350 billion of
                                          Fathers established a Bill of Rights to                 they are home.                                          the Troubled Asset Relief Program,
                                          our Constitution to make sure that                         Our Nation’s greatest strength is the                which is what people back home and I
                                          American citizens can live in freedom                   men and women who selflessly give of                    call a bailout of our banking institu-
                                          without government intrusion. Human                     themselves to defend our ideals, and                    tions. Then we approved $787 billion for
                                          liberty and limited government are                      their families, who make sacrifices                     what was called economic stimulus,
                                          principles I hold in high regard.                       every day while their loved ones are in                 but what was in reality a laundry list
                                            I stand with Kansans in opposing ef-                  harm’s way. I salute the 290th military                 of spending items the Democrats
                                          forts that violate the Second Amend-                    police company and welcome them                         hadn’t been able to get funded the past
                                          ment, and I will continue to cast my                    home, and pledge to be an advocate for                  few years and won’t produce sustain-
                                          votes where it’s necessary to protect                   them and all veterans of our Armed                      able economic growth.
                                          our rights, including those provided for                Forces.                                                   Just when I thought things couldn’t
                                          by the Second Amendment.                                   Celebrating the valor of our Armed                   get worse, we went out and passed a
                                                           f                                      Forces is one thing, but here in Con-                   fiscal year 2009 omnibus spending bill
                                            The SPEAKER pro tempore. Under a                      gress we must put our money where                       that included $410 billion and an 8 per-
                                          previous order of the House, the gen-                   our mouth is and support the men and                    cent increase for our Federal agencies.
                                          tleman from Arizona (Mr. FLAKE) is                      women of our Armed Forces, their fam-                   I am going to pause for a second and
                                          recognized for 5 minutes.                               ilies and our veterans, or we are merely                let that sink in, an 8 percent increase
                                            (Mr. FLAKE addressed the House. His                   providing lip service to them.                          at a time of record deficits where local
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                                          remarks will appear hereafter in the                       Mr. Speaker, I submit for the RECORD                 county, city and State governments
                                          Extensions of Remarks.)                                 the members of the unit from Mary-                      are cutting and balancing budgets.
                                                           f                                      land’s First Congressional District,                      I think the American people are so
                                            The SPEAKER pro tempore. Under a                      who served so honorably.                                skeptical of what’s happening in Wash-
                                          previous order of the House, the gentle-                     Name, Rank, City:                                  ington because what they see people in



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                H3477
                                          Washington do is disconnected com-                      spending, and help restore our econ-                     A few weeks later, the bill comes in
                                          pletely from reality. The reality is in                 omy, which is still the strongest in the               the mail, and his wife opens it up. And
                                          Johnson City, Tennessee, they are ask-                  world.                                                 she is steaming and seething and look-
                                          ing their agencies to fund a 5 percent                                    f                                    ing at how they are going to pay this
                                          cut over last year’s budget.                              The SPEAKER pro tempore. Under a                     payment.
                                            All over America, families and State                  previous order of the House, the gentle-                 And he walks in, and he looks at her,
                                          and local governments are tightening                    woman from Florida (Ms. CORRINE                        and she throws it across the table. And
                                          their belts and making do with what                     BROWN) is recognized for 5 minutes.                    he picks up the bill, and he looks at it,
                                          they have. Only in Washington do we                       (Ms. CORRINE BROWN of Florida ad-                    realizes he can’t make those payments,
                                          respond to a huge drop in tax receipts                  dressed the House. Her remarks will                    looks at her steaming and mad, and all
                                          by spending even more money.                            appear hereafter in the Extensions of                  of a sudden he pounds the table and he
                                            Now the administration has proposed                   Remarks.)                                              says, ‘‘Honey, I am outraged over this
                                          a $3.9 trillion budget, which will be 27                                                                       bill that I am having to pay.’’ And
                                                                                                                    f                                    that’s where Congress is finding itself
                                          percent of gross domestic product of
                                          this country. This will create the larg-                               OUTRAGED                                today.
                                          est Federal Government since World                         The SPEAKER pro tempore. Under a                      Mr. Speaker, we wouldn’t run our
                                          War II.                                                 previous order of the House, the gen-                  businesses that way. Only the govern-
                                            This budget is especially troubling                   tleman from Virginia (Mr. FORBES) is                   ment and AIG run theirs that way. We
                                          because it’s coupled with tax increases,                                                                       have a lot of people calling our offices
                                                                                                  recognized for 5 minutes.
                                          and our job creators have to pay for it.                   Mr. FORBES. Mr. Speaker, I found it                 and saying ‘‘What can I do?’’
                                                                                                                                                           Well, here’s what you can do. Go find
                                          The math of these policies seems to be                  almost comical today, as I watched
                                                                                                                                                         out how people voted and then call
                                          more government spending, plus higher                   both on the floor and from my office,
                                                                                                                                                         them up and ask them why.
                                          taxes, equals more jobs and economic                    as one Member after the other has                        The second thing we can do is make
                                          growth.                                                 come to these podiums all across this                  sure we are going to stop this bailout
                                            If this equation seems questionable                   Chamber, and they pounded on their                     madness and then simply do this. Be-
                                          to you, I’m right there with you. This                  desk, and they have screamed and they                  fore we take more options away from
                                          budget spends too much, taxes too                       have all used the same word, ‘‘out-                    our children and grandchildren by
                                          much and borrows too much.                              raged.’’                                               mortgaging their future, let’s simply
                                            I think the American people are be-                      They are outraged over the $165 mil-                ask these four questions: Where is the
                                          ginning to question everything they                     lion in bonuses that AIG has paid and                  money actually going? How do we
                                          hear being done in the name of eco-                     the $90 million that AIG has paid to                   know it’s going to get there? Will it
                                          nomic stimulus and recovery. They                       European banks and Wall Street in-                     work once it arrives? And how will we
                                          heard ‘‘fiscally responsible’’ during the               vestment firms. But I am outraged                      pay it back?
                                          campaign and assumed that meant we                      about something different. I am out-
                                          would be looking for savings from inef-                 raged that they are outraged, and the                                   b 1615
                                          fective programs and keep income in                     reason is because I am only one of 17                    Mr. Speaker, I would submit that
                                          families pockets where it’s most need-                  Members out of 435 Members who voted                   perhaps if we do that, next time there
                                          ed. They are getting just the opposite.                 ‘‘no’’ on every single one of these so-                will be more than 17 of us justified and
                                            My House Republican colleagues pre-                   called stimulus and bailout packages,                  actually coming to the podium, beating
                                          fer a simpler strategy that has proven                  for one reason: we didn’t think it would               on it, and saying we are outraged.
                                          effective time and time again. First                    work.                                                                    f
                                          you want to leave the money in the                         Mr. Speaker, as we were trying to                              CAP-AND-TRADE
                                          hands of the families to decide how to                  raise our hands and just ask intelligent
                                          spend their own money. We proposed                      questions about them, we were finding                    The SPEAKER pro tempore (Mr.
                                          lowering the lowest two tax brackets                    that people were ignoring the rules and                SCHAUER). Under a previous order of
                                          from 15 to 10 percent and 10 to 5 per-                  they were rushing them through, that                   the House, the gentlewoman from West
                                          cent respectively.                                      there was a whole set of people out                    Virginia (Mrs. CAPITO) is recognized for
                                            We would like to create tax incen-                    there screaming and yelling, if you just               5 minutes.
                                          tives for small businesses, the engines                                                                          Mrs. CAPITO. Thank you.
                                                                                                  didn’t pass this bill in this form, the
                                                                                                                                                           I rise today to talk about the Presi-
                                          of our economy, to create these jobs.                   sky was going to fall and the world was                dent’s program for cap-and-trade. I’d
                                          We believe it’s important to eliminate                  going to come to an end, and they                      like to take just a few minutes to ex-
                                          taxes on unemployment insurance,                        pushed these bills through without leg-                plain it a little bit and talk to people
                                          which will help those who have lost                     islative analysis. While we were trying                about what this is really going to mean
                                          their jobs stay afloat until they find a                to just tell people what was going on                  to them.
                                          new job.                                                and simply ask the question nobody                       I represent the State of West Vir-
                                            And I believe we should invest in our                 wanted to hear, they just wanted to                    ginia. But here in the United States,
                                          transportation, water, education, and                   pass the bills.                                        coal is our most abundant resource. We
                                          infrastructure. As a fiscal conserv-                       Mr. Speaker, I have a suggestion:                   have recoverable reserves that are suf-
                                          ative, I generally don’t like deficit                   just read the bills. If we had read those              ficient for at least 250 years. Coal cur-
                                          spending unless future generations will                 bills, we would know what most of the                  rently fuels 50 percent of all the elec-
                                          get to enjoy the benefit of the spend-                  analysts are telling us now, and that is               tricity generated in this country.
                                          ing.                                                    that it would take 100,000 to 250,000                    In my home State of West Virginia,
                                            By leaving a lasting infrastructure in                government bureaucrats just to mon-                    98 percent of our electricity comes
                                          place, our children will be able to enjoy               itor where this money is going and how                 from coal. Our State has abundant re-
                                          the benefits, even if they are asked to                 it’s going to be spent.                                sources. We give, and we turn on the
                                          pay for some of the costs. While I am                      And instead of coming to the podium                 lights in America.
                                          hopeful we can consider these common-                   and pounding it and saying how out-                      There’s been a lot of discussion sur-
                                          sense solutions, the fact is Republicans                raged they are, wouldn’t it be novel if                rounding the future of coal in this
                                          are in the minority. We don’t have the                  they came and just said ‘‘we are wrong.                global warming debate. The first thing
                                          ability to stop these harmful policies                  We admit we are wrong. We are not                      we need to remember is that anything
                                          from going forward, only President                      going to make those mistakes again.’’                  we do, whether or not it’s climate
                                          Obama, and Democrats and Congress                          But, Mr. Speaker, coming here and                   change, is inextricably linked with en-
                                          can.                                                    saying you are outraged is not some                    ergy policies that are going to cascade
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                                            I urge the American people to ask                     kind of get out of political hot water                 across the environmental, economic,
                                          President Obama and his Democratic                      free card. In fact, it’s like a sitcom.                and social issues of the day.
                                          colleagues to fulfill their campaign                    Imagine this situation: a husband goes                   So cap-and-trade. It sounds nice. Cap
                                          promises of fiscal responsibility and                   out in this economic situation, buys an                emissions and then trade away. What
                                          stop these tax increases and wasteful                   expensive new boat.                                    does that really mean?



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                                          H3478                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                            It means, basically, a tax increase on                and no consideration has been made as                    We were told that there would be no
                                          carbon dioxide emissions that will lead                 to what this is going to do to the rank-               more lobbyists in this administration.
                                          to a reduction in energy use. That                      and-file everyday citizen.                             I liked the sound of that. It sounded
                                          sounds good. But it will also lead to an                  What is the job loss? In West Vir-                   good. Well, it turned out he meant no
                                          enormous erosion of America’s family                    ginia, under Lieberman-Warner—and I                    lobbyists except for the ones they actu-
                                          budget. This will tax every single                      realize that’s not the President’s bill.               ally hired to be part of the administra-
                                          American and tax those who are in                       The President’s bill is even broader                   tion.
                                          most difficulty and who have most dif-                  reaching than this one. The estimation                   We were told there would be new
                                          ficulty making ends meet.                               of the job loss is between 7,000 and                   ideas in this administration; we’d go in
                                            The administration’s budget calls for                 10,000 jobs between now and the year                   a new direction; we’d have change. But
                                          a 100 percent auction of allowances                     2020.                                                  then we got a Secretary of the Treas-
                                          under a cap-and-trade system to reduce                    Addressing climate change concerns                   ury that is given credit for thinking of
                                          greenhouse gas emissions. Sounds                        is a global challenge requiring global                 a lot of the plan that Paulson had, even
                                          good, doesn’t it?                                       solutions. We need common sense. We                    though I still haven’t been able to fig-
                                            The President’s ‘‘cap-and-tax’’ pro-                  need to slow down here because unilat-                 ure out what plan that was.
                                          posal will impose mandates and further                  eral action by this Congress and by the                  So we didn’t get change. We’re get-
                                          regulations on manufacturing and will                   United States will have no impact, or                  ting more of the same. More and more
                                          dramatically increase the cost of en-                   very little impact on global emissions                 of the deficit spending. When are we
                                          ergy and electricity. This proposal will                but will also have a great impact on                   going to get the change?
                                          create a great transfer of wealth be-                   our economy and on our citizens.                         We have heard from the majority
                                          tween coal-dependent States like West                     We need to innovate and use tech-                    over and over again for the last 4 years
                                          Virginia and those that rely on alter-                  nology. We could use the development                   that deficit spending is bad. I agreed
                                          native resources, with no change in the                 of advanced clean coal technologies;                   with them my first 2 years here, 2005
                                          ultimate environmental outcome of                       most importantly, CCS, or carbon cap-                  and 2006. So when they took the major-
                                          the cap-and-trade policy and a huge es-                 ture and storage technologies.                         ity, I thought, Well, the good news is
                                          timated GDP loss.                                         We need technology to push as hard                   they’ll finally stop this ridiculous def-
                                            I think there’s one thing we know                     and fast as we can. I urge caution. We                 icit spending. But they didn’t. It got
                                          here in this time and right now is that                 need to slow down. For the sake of my                  worse and worse and worse.
                                          a solid economy is the best way to in-                  constituents and those in States like                    Then when they found that there was
                                          novate and create and solve problems                    mine, we should not forget this as our                 a President from the same party, in-
                                          that we need help with.                                 debate moves forward.                                  stead of together, since they control
                                            So you say, Where does the money                                        f                                    the House, the Senate and the White
                                          come from? If you’re going to trade and
                                                                                                       KEEPING PROMISES MADE                             House, to completely bring an end to
                                          buy, where does the money come from?
                                                                                                    The SPEAKER pro tempore. Under a                     deficit spending, it’s just gotten worse
                                          That money will come from the indi-
                                                                                                  previous order of the House, the gen-                  and worse.
                                          vidual consumer because the manufac-
                                          turers, the electricity producer, all the               tleman from Texas (Mr. GOHMERT) is                       This madness has to stop. We are
                                          folks who are going to be trading al-                   recognized for 5 minutes.                              blessed right now with a President
                                          lowances are going to have to find that                   Mr. GOHMERT. We’ve heard a lot                       who’s one of the most gifted commu-
                                          money somewhere, and it’s going to be                   about AIG and how they shouldn’t have                  nicators I have ever seen in my life-
                                          tacked on as a form of an energy tax to                 been getting those bonuses they got—                   time. But what we are finding is that
                                          every single American.                                  $165 million—but let’s take a real ob-                 true leadership is not going to be found
                                            Under the Lieberman-Warner legisla-                   jective look here.                                     between the lines in a Teleprompter.
                                          tion of last year, the EPA estimated a                    These executives took one of the big-                You can look at the Teleprompter, you
                                          rise in electricity costs between 44 and                gest, most important companies in the                  can read from it, but that is not where
                                          79 percent. In West Virginia, the price                 world, in the country, and they ran it                 leadership is.
                                          of our electricity would go up between                  into the dirt. They bankrupted a lot of                  I heard right here from that podium,
                                          103 and 135 percent. That is going to                   other companies. But they didn’t have                  Mr. Speaker, at the State of the Union
                                          hurt folks on fixed incomes, our elder-                 to go into bankruptcy because they                     last month these words: ‘‘We’re going
                                          ly, and it’s going to hurt the poor the                 convinced the government to come in                    to assure the continuity of a strong,
                                          most, who cannot afford the huge                        with taxpayer dollars and give them                    viable institution that can serve our
                                          chunk out of our budgets that energy                    $173 billion.                                          people and our economy,’’ and Presi-
                                          takes right now.                                          Now that’s pretty extraordinary.                     dent Obama said, ‘‘I understand that on
                                            The revenue returned to consumers                     They still have their jobs. Why                        any given day, Wall Street may be
                                          from the President’s budget, he says                    wouldn’t they get a bonus? Good night.                 more comforted by an approach that
                                          he’s going to give money back to folks                  You run a company into the dirt and                    gives banks bailouts with no strings at-
                                          to help them meet this high cost. But                   then talk the government into giving                   tached, and that holds nobody account-
                                          that is not even close to covering the                  you $173 billion in taxpayer dollars,                  able for their reckless decision. But
                                          increase in household electricity costs.                that’s deserving of something, and ap-                 such an approach won’t solve the prob-
                                            When the President was a candidate,                   parently somebody thought it was                       lem.’’
                                          this is what he said, ‘‘What I’ve said                  worth a bonus.                                           He went on to say, ‘‘This time, CEOs
                                          that if we would put a cap-and-trade                      Well, the fact is they shouldn’t have                won’t be able to use taxpayer money to
                                          system in place that is more—that is                    gotten bonuses. They should have been                  pad their paychecks or buy fancy
                                          as aggressive if not more aggressive                    in receivership. But I keep looking for                drapes or disappear on a private jet.
                                          than anyone else’s out there, so if                     people to finally keep the promises                    Those days are over.’’
                                          somebody wants to build a coal-pow-                     that they have made.                                     And then here we come the following
                                          ered plant, they can, it’s just that it                   We heard that we were going to get                   month—there were no strings at-
                                          will bankrupt them because they’re                      change that people could believe in. We                tached—to say, You know what? You
                                          going to be charged a huge sum for all                  saw with the bailout back in Sep-                      ran this company in the ground. You
                                          that greenhouse gas that’s being emit-                  tember what some of us knew was a                      don’t get a bonus with taxpayer dol-
                                          ted.’’                                                  horrible mistake, and we said it then.                 lars.
                                            Remember, the State of West Vir-                        Even though I am a Republican, I                       I’m kind of outraged over that. Like
                                          ginia, 98 percent of our electricity is                 was looking forward to change from                     my friend, Mr. FORBES, I’m kind of out-
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                                          generated by coal.                                      the deficit spending. Yet we have just                 raged that people are outraged they
                                            Manufacturing output will fall con-                   gotten more and more and more of the                   didn’t stop this, when some of us—you
                                          siderably if the President’s plan goes                  same. When are we going to get                         go back to some of our comments on
                                          through. The whole idea is to tax the                   change? Isn’t it about time we quit the                this very floor—we said, Read the bill.
                                          consumer, to bring down emissions,                      deficit spending? It would sure be nice.               It’s a problem.



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                               H3479
                                            Well, it’s time for true change. Let’s                retail price of an item is the direct re-              $165 million in executive or retention
                                          get what we should have and not what                    sult of the cost our current Tax Code                  bonuses for many months. Even more
                                          people talk about.                                      places on a product through payroll                    troubling is the fact that the one per-
                                                           f                                      taxes, business taxes, business taxes,                 son who was in the dark about the
                                                                                                  compliance costs, and other taxes.                     pending bonuses, until last week no
                                                CONSIDER THE FAIR TAX
                                                                                                    Therefore, by paying an additional                   less, was our very own Secretary of the
                                            The SPEAKER pro tempore. Under a                      consumption tax, we will be able to                    Treasury who was supposed to be mas-
                                          previous order of the House, the gen-                   fund our entire government, and the                    terminding our economic recovery and
                                          tleman from Florida (Mr. STEARNS) is                    taxpayer can keep 100 percent of his                   banking recovery.
                                          recognized for 5 minutes.                               hard-earned paycheck. This would lead                    It is clear from the media reports
                                            Mr. STEARNS. I’m here to support                      to increased savings, increased invest-                that AIG did not award these bonuses
                                          the Fair Tax. The current U.S. Tax                      ment, and Americans, not the Federal                   as a snub to the administration, but in-
                                          Code is too big, too complicated, and                   Government, would decide how to best                   stead waited until they had the bless-
                                          benefits too many special interests,                    utilize their wealth.                                  ing of the Secretary of Treasury, who
                                          and must be replaced with a code that                     In addition, Mr. Speaker, the Fair                   apparently believes he did his due dili-
                                          is fair and encourages savings and in-                  Tax, through its simplicity, will pro-                 gence by berating AIG and then saying
                                          vestment.                                               vide transparency to the Federal budg-                 that there was nothing that he could
                                            This code has been amended tens of                    et and Federal spending here in Con-                   do to stop the bonuses.
                                          thousands of times, my colleagues, and                  gress. Each time the government                          The fact that we are rewarding the
                                          it’s grown to over 60,000 pages, possibly               claims a needed tax increase to fund                   very people who caused the largest cor-
                                          more. For this, and many other rea-                     runaway spending, as we do, and gov-                   porate loss in history is astounding.
                                          sons, I rise in support of the Fair Tax                 ernment expansion, or special district                 Just recently, the Attorney General of
                                          and urge my colleagues to consider this                 funding requests, the American citizen                 New York has indicated that at least 73
                                          new tax simplification program.                         would be directly affected by this irre-               AIG employees received bonuses in ex-
                                            The Fair Tax will eliminate Federal                   sponsibility and would be aware of it                  cess of more than $1 million, including
                                          income taxes, corporate income taxes,                   immediately through the transparency                   nearly one dozen AIG employees who
                                          payroll taxes, capital gains taxes, the                 of the Fair Tax system instead of hid-                 no longer work for the beleaguered
                                          alternative minimum tax, and the                        den tax increases and budget gimmicks                  firm.
                                          death tax, and replace it with a flat,                  that our government institutes today.                    Mr. Speaker, there are millions of
                                          simple and efficient consumption tax.
                                            Mr. Speaker, Ronald Reagan hit the                                      b 1630                               Americans who have lost their jobs
                                                                                                                                                         during this economic crisis, and most
                                          nail on the head when he described the                    So now, my colleagues, it is time to
                                                                                                                                                         did their jobs well with great purpose
                                          government’s basic view of the econ-                    get rid of this complicated, inefficient,
                                                                                                                                                         and performance. There are no bonuses
                                          omy as: ‘‘If it moves, tax it. If it keeps              and unfair tax. Now is the time to in-
                                                                                                                                                         for them. Instead, they risk losing
                                          moving, regulate it. If it stops moving,                stitute transparency, efficiency, and,
                                                                                                                                                         their homes, health care, and more.
                                          subsidize it.’’                                         finally, fairness in our Tax Code.
                                            Unfortunately, Mr. Speaker, this bur-                                                                        Meanwhile, AIG employees who en-
                                                                                                    Now, for those of us in Congress and
                                          densome view taken by our govern-                                                                              gaged in risky, perilous behavior that
                                                                                                  perhaps throughout the Nation who are
                                          ment has resulted in the current prob-                                                                         brought our economy to the brink of
                                                                                                  skeptical, I have a suggestion for them,
                                          lem we face today, where citizens and                                                                          collapse are rewarded.
                                                                                                  an approach that I think would be pos-
                                          business owners across this country de-                 sible. Why not take Washington, D.C.                     There is a great deal of finger-point-
                                          vote billions of hours and billions of                  as a demonstration project to see if it                ing about how we got into this mess
                                          tax dollars just to navigate the process                would work here in Washington, D.C.;                   and what Congress and the administra-
                                          of paying their Federal income tax.                     allow all residents of this city to pay                tion is doing. Let me state just a few
                                            A simpler Tax Code may have pre-                      no Federal taxes, and institute a fair                 facts.
                                          vented former Senator Daschle or cur-                   consumption tax, and this consumption                    Since the beginning of this Congress,
                                          rent    Secretary    of   the    Treasury               tax would be collected by the city and                 which is about 21⁄2 months old now,
                                          Geithner the embarrassment of having                    then sent to the Federal Government.                   only eight bills have been signed into
                                          to explain their failure to properly pay                Then we could see how it would work                    law; and this week is like many others
                                          the taxes due to the complicated IRS                    and discern its advantages and dis-                    in the House, virtually no substantive
                                          tax system.                                             advantages.                                            legislative activity. This House, within
                                            I know many of my constituents in                       The Fair Tax I think ultimately                      8 days of one person being attacked in
                                          the Sixth Congressional District are                    would prove to be very useful, and I                   Connecticut by a chimpanzee, rushed
                                          aware of how this simple tax reform                     urge my colleagues to stand for real                   through legislation to make it harder
                                          will work when implemented. They                        change and support this fair solution.                 to own chimpanzees. Mr. Speaker,
                                          have written numerous letters to me                                       f
                                                                                                                                                         where are our priorities? Here we sit,
                                          and voiced their support at many town                                                                          wringing our hands over how to curb
                                          meetings.                                                             H. RES. 251                              bailout abuses, and what have we done
                                            I thought I’d take a moment this                        The SPEAKER pro tempore. Under a                     to date to show for it?
                                          afternoon to lay out the basic prin-                    previous order of the House, the gen-                    Today, again, the House was deeply
                                          ciples of this legislation for those who                tleman from Ohio (Mr. LATOURETTE) is                   contemplating      a   series  of   non-
                                          are not familiar with the Fair Tax.                     recognized for 5 minutes.                              controversial bills under suspension,
                                            The Fair Tax will do away with all                      Mr. LATOURETTE. Mr. Speaker, I                       including two measures naming post
                                          Federal taxes such as income tax, the                   rise today to share with you and Mem-                  offices, and approving a bill supporting
                                          death tax, as I mentioned, all the way                  bers of the House the introduction of a                Professional Social Worker Month. I
                                          down to the estate tax. Basically,                      resolution of inquiry regarding the                    like social workers, Mr. Speaker, but
                                          many Americans with low incomes will                    payment of executive bonuses to em-                    who in their right mind thinks that
                                          receive a check at the beginning of                     ployees of American International                      that should be a priority today or this
                                          each month from the Federal Govern-                     Group, AIG. It is H. Res. 251.                         week while the Nation is roiled in
                                          ment that will cover the cost of the                      Mr. Speaker, my constituents and I,                  anger over these bonuses? We might as
                                          consumption tax on necessary goods,                     as well as many Americans across the                   well tackle more chimp or monkey leg-
                                          thus increasing the purchasing power                    country, are outraged at the unfurling                 islation.
                                          of low-income individuals and com-                      of events surrounding this freewheeling                  Mr. Speaker, based upon the Nation’s
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                                          pletely avoiding any unintended tax in-                 company which helped to lead us into                   unemployment rate, which hit a new
                                          crease on their purchasing power.                       the financial disaster we now face.                    high of 8.1 percent in February, that
                                            Furthermore, a study conducted by                       To make matters worse, we find out                   translates into 16 Americans losing
                                          Harvard economist Dale Jorgenson il-                    this week that the administration was                  their job every minute. Americans are
                                          lustrates that roughly 22 percent of the                fully aware of the March 15 payment of                 struggling to keep their homes. Two



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                                          H3480                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                          hundred seventy-five thousand fore-                     error. In fact, this budget that lays in               omy out of this anchor that we are now
                                          closure filings were reported in Janu-                  front of us, President Obama’s budget,                 dragging? They are going to be pitch-
                                          ary, with one home in every 440 receiv-                 spends too much, taxes too much, bor-                  ing more anchors off the side of this
                                          ing a foreclosure filing in February.                   rows too much. And what it turns into                  great economic ship, of the greatest
                                          This year, the stock market has                         is their party, that side of the aisle,                economic machinery that has ever been
                                          plunged 1,750 points and is at its lowest               Mr. Speaker, has become the Party of                   built in the United States of America,
                                          rate since 1997. Millions of Americans                  Owe, the party of debt, the party of                   and our free market system.
                                          continue to lose their retirement secu-                 borrow. Not the party of ‘‘no,’’ the                      But in the bailout bill last fall, we
                                          rity. To date, AIG has received $200 bil-               party of ‘‘owe.’’ They can’t say ‘‘no’’ to             pitched an anchor over the side, and we
                                          lion in taxpayers’ funds to keep the                    anything; they just want to owe every-                 have been dragging that anchor. And
                                          company afloat and recently suffered                    thing and everybody, even to the ex-                   then we have the stimulus plan that is
                                          the largest quarterly loss of any cor-                  tent where this budget projects out by                 another anchor we pitched over the
                                          poration in American history.                           CBO to go to 200 percent deficit of                    side that we are dragging along bot-
                                            Mr. Speaker, Americans are hurting.                   GDP. Unheard of. The highest we have                   tom. And we have got the President’s
                                          We cannot sit by and watch as AIG ex-                   ever had in history was 1945, the end of               budget as another anchor that we are
                                          ecutives not only keep their jobs but                   World War II. Now, the President’s                     going to have to drag. And, now, they
                                          are also rewarded for their actions.                    budget takes this to that place.                       are talking about another stimulus
                                            Further, the administration needs to                    This takes us to, in the middle of this              plan. And burden after burden heaped
                                          come clean on its discussions with AIG                  economic crisis where we have seen the                 on top of the American people, the free
                                          and approving these bonuses. There-                     equity and the stock market drop by a                  market system cannot sustain this
                                          fore, today I have introduced a resolu-                 huge percentage, by one-third or 40 per-               kind of a load. We need to do some-
                                          tion requiring the Secretary of the                     cent or, in many cases, even more. It                  thing transformative.
                                          Treasury to transmit to Congress all                    takes us to this point where the Presi-                   The transformative component that I
                                          communications relating to AIG and                      dent said to us that he believes that                  am advocating here tonight is the one
                                          its approval of these executive bonuses                 FDR’s New Deal actually would have                     that Mr. STEARNS of Florida advocated
                                          as well as the use of Federal infusion of               worked, it actually was working, and                   a little bit earlier, Mr. Speaker. And
                                          taxpayer money. Americans deserve to                    that he just simply lost his nerve and                 I’ll take you this way on the fair tax,
                                          know the full story, and this Congress                  didn’t spend enough money. Can you                     and that is this:
                                          must act to get it now.                                 imagine?                                                  I was audited one too many years in
                                            The excuses on television are, ‘‘Well,                  When he said that to us back in, I                   a row early on when I first started my
                                          these are contracts. We can’t mess                      think, early February, I didn’t think                  construction business. The IRS showed
                                          with contract law.’’ Mr. Speaker, re-                   he was completely serious about hav-                   up every year for a while, and they de-
                                          cently we have told the Big Three auto                  ing more commitment to spending a                      cided they were going to justify their
                                          makers that if they want Federal Gov-                   massively larger amount of money                       existence by milking the little bit of
                                          ernment assistance, they have to cram                   than FDR did in the New Deal.                          blood that there was out of this fledg-
                                          down the people that work in their                        But history hasn’t served us very                    ing turnip of a company that King Con-
                                          auto factories. Those are contracts. Re-                well in the way they reported the New                  struction was back in those years. And
                                          cently, the House has passed legisla-                   Deal, because a lot of young people for                after they audited me one too many
                                          tion on mortgage relief that says that                  two generations have been taught that                  years in a row and I shut the doors on
                                          even though a bank gave you $100,000 to                 the New Deal was a good deal and it                    my business for 4 days so that I could
                                          buy a house, if you got that house                      got us out of the Depression.                          be there and personally hand them the
                                          under false circumstances, we have to                     Mr. Speaker, by the time the stock                   documents and justify the expenses, so
                                          cram down how much you owe the                          market got back to where it was in Oc-                 that I could minimize the loss that was
                                          bank. That is certainly contract law as                 tober of 1929, Franklin Delano Roo-                    going to come to me from the IRS, be-
                                          well.                                                   sevelt had been dead for 9 years; we had               cause I had experience with that, and it
                                            The notion that it is an excuse that                  fought two wars, World War II and                      cost me money, and I had to make a
                                          somehow these contracts were entered                    Korea, and finally in 1954 the markets                 calculation on whether I was going to—
                                          into and we must honor them, and we                     got to where they were in 1929.                        I believe I did everything right. And I
                                          have to pay $165 million to 73 people, is                 There is no way that a logical objec-                had to make a calculation on whether
                                          an abomination. We need to stop it.                     tive historian can say that the Keynes-                I was going to stand on principle and
                                          And I am asking for every Member of                     ian idea of borrowing and spending was                 go and fight the IRS, in which case it
                                          this House to cosponsor the resolution.                 a good deal when it was the New Deal.                  was almost inevitable that I would lose
                                                           f                                      Nor is there any model in history that                 my business in the process, because I
                                                                                                  says that the new New Deal, the Obama                  couldn’t afford to be away from my
                                                  THE PARTY OF ‘‘OWE’’                            Uber New New Deal, would be as good                    business and still keep it going. Or,
                                            The SPEAKER pro tempore. Under                        a deal as the bad old deal or a better                 borrow the money to pay the IRS a bill
                                          the Speaker’s announced policy of Jan-                  deal than the old New Deal. This is the                that I still don’t believe that I owed in
                                          uary 6, 2009, the gentleman from Iowa                   new New Deal, it is a bad deal, and                    order to be able to keep operating.
                                          (Mr. KING) is recognized for 60 minutes                 Keynesian economics have failed wher-                     Well, that was one of the times when
                                          as the designee of the minority leader.                 ever they have been tried.                             I didn’t commit suicide on principle for
                                            Mr. KING of Iowa. Mr. Speaker,                          We need to turn ourselves around to                  the business, but I borrowed the
                                          again, it is a privilege to address you                 real solutions, Mr. Speaker, real solu-                money, paid the IRS. And then I went
                                          here on the floor of the United States                  tions for the American people, real so-                out and climbed in the seat of one of
                                          House of Representatives, and also to                   lutions that will take America to the                  my bulldozers, and the smoke went up
                                          have the chance to lay out here before                  next level of its destiny, not the level               out of the exhaust stack, and it went
                                          you and our colleagues and ultimately                   down, not in the direction where we                    out of my ears. And I began to think,
                                          the American people a point on the                      put our children and grandchildren and                 what is the IRS doing in my office?
                                          cause that we are involved in.                          our great grandchildren in debt, not to                Why are they impeding my production?
                                            We have dealt with crisis after crisis                where little babies born today are look-               Why are they making Monday morning
                                          here on the floor of Congress, and I                    ing at thousands of dollars in debt, for               quarterback decisions on me and my
                                          look back at many of the things that                    every child that is born in America                    life when I am doing the best I can to
                                          have taken place historically here, and                 that they are going to have to work                    comply with the laws that are passed
                                          I could list them long. But I will say                  off. And we can either print a lot of                  by Congress? Well, I didn’t know then
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                                          that I think the most colossal mistake                  money and devalue our currency, or we                  that it was impossible for the new head
                                          that this Congress ever made was pass-                  can suppress our economy for genera-                   of the IRS to figure out the Tax Code.
                                          ing the President’s Stimulus Act.                       tions to come by all of this debt that is                 So, Mr. Speaker, when Timothy
                                            I think we have a budget hanging out                  on us. And what can transform us as a                  Geithner can’t figure it out even with
                                          today that may be a more colossal                       country? What will ever grow our econ-                 Turbo Tax, and if Tom Daschle can’t



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                H3481
                                          figure it out, I guess I shouldn’t have                 because we have lawyers that are tied                  give the general one, Mr. Speaker, and
                                          felt so angry. But I am glad today that                 up and business decision makers who                    then we will perhaps give credit all
                                          I was angry, because I did a little fast-               have to, in every single business deci-                where it is due before this discussion is
                                          forward in my mind and it was, I want                   sion, do a tax calculation. We elimi-                  over. But there have been many of our
                                          rid of the IRS. I want to be rid of that                nate all of that and take that burden                  Founders and statesmen that have ref-
                                          intrusive organization that can come                    off and cut those anchor chains that we                erenced what happens to a country
                                          in and take away the sweat of my brow                   are dragging, and we turn those brains                 that claims to be a democracy, and I
                                          and diminish the creativity and the en-                 of H&R Block and tax lawyers, tax ac-                  will call us a constitutional Republic,
                                          ergy and the entrepreneurial spirit                     countants     and    people    that   are              when more than half of the people fig-
                                          that it takes for any business to get                   strategizing business off of the advice                ure out they can vote themselves bene-
                                          started, especially a small business,                   that they get from their tax lawyers,                  fits out of the public Treasury, on that
                                          and especially a highly capital-inten-                  and there are those people that have to                day our democracy ceases to exist. The
                                          sive business like mine was. I under-                   make those decisions without the ben-                  future of the Republic ceases to exist.
                                          stand how this works. So I just leaped                  efit of counsel, all of that mental en-                Many of us think we have crossed that
                                          to this conclusion. The next day I de-                  ergy, all of that time goes from, I’m                  line already. And if we listen to the
                                          cided, I want rid of the IRS, and I want                going to just say this in a nice, gentle               promises that were made in the last
                                          to repeal the entire Federal Income                     way since it is St. Patrick’s Day, it                  campaign that came from our now
                                          Tax Code.                                               goes from the parasitic sector of the                  President, Mr. Speaker, about how ev-
                                            Now, I didn’t think about how you                     economy to the productive sector of                    erybody was going to get a tax cut,
                                          get that done. I am working on how                      the economy. And the productive sec-                   even those that weren’t paying taxes
                                          you get that done today. But what I                     tor is the free market sector that pro-                were getting tax cuts, those are refund-
                                          thought about was, how do you replace                   duces goods and services that has value                able tax credits. It is a transfer of
                                                                                                  to people. That is the first trans-                    wealth from the wealthy to the
                                          the revenue? Because the government
                                                                                                  formative thing about the Fair Tax, of                 unwealthy, a transfer of wealth inter-
                                          has to have some money to run on, and
                                                                                                  taking that burden off of the produc-                  nally. When that happens, when the
                                          the only way you replace the revenue
                                                                                                  tion, the taxation that is on produc-                  American people become dependent
                                          is if you go to a national sales tax, and
                                                                                                  tion, and cuts all of those anchor                     upon someone else for their livelihood,
                                          it starts with about three principles to                                                                       when they lose their sense of self-re-
                                          know:                                                   chains, and it puts the taxation over on
                                                                                                                                                         sponsibility, that sense of self-sustain-
                                            Businesses transfer the cost of those                 consumption where we can use a little
                                                                                                                                                         ability, when they stop teaching their
                                          taxes on to their customers. Yes, I                     bit of an incentive for savings and in-
                                                                                                                                                         children, Mr. Speaker, that they can-
                                          wrote a check for those taxes, but I had                vestment. And it lets people decide
                                                                                                                                                         not be a burden on this society, that
                                          to pass those costs on to my customers                  when to pay their taxes by when they
                                                                                                                                                         they must be a contributor to this soci-
                                          if I was going to stay in business. Cor-                make their purchases.                                  ety, then our freedom is diminished,
                                          porations don’t really pay taxes, busi-                   I watched a little YouTube clip of the
                                                                                                                                                         and perhaps our constitutional Repub-
                                          nesses don’t pay taxes. They are tax                    majority leader in the United States
                                                                                                                                                         lic ceases to exist.
                                          collectors for Uncle Sam.                               Senate, HARRY REID. It was just not                      Mr. Speaker, I will submit this.
                                            But here is the transformative prin-                  quite a year ago. He said, ‘‘we have a                 There is a way we can pass this Fair
                                          ciple No. 1: Ronald Reagan, quoted by                   voluntary tax system.’’ Well, it is hard               Tax, and if we do so, no one any longer
                                          Mr. STEARNS of Florida, and I will give                 to make that argument stick. No. We                    pays any federal income tax. Every-
                                          you a different quote from Ronald                       have a confiscatory tax system. It is                  body gets roughly 56 percent more in
                                          Reagan. He said, ‘‘what you tax, you                    not voluntary. You don’t today get to                  their paycheck. And how do we trans-
                                          get less of. A tax is a punishment.’’ But               pay taxes when you want to. If you fail                form this sense of responsibility? In
                                          Uncle Sam, the Federal Government,                      to pay your taxes, the IRS will show                   this way, in billions of transactions at
                                          has the first lien on all productivity in               up, and they will charge you interest                  a time. When little Michael Dicks
                                          America.                                                and penalty for failure to pay your                    stepped up to the counter when he was
                                                                                                  taxes. If you still don’t pay your taxes,              8 years old, he said, ‘‘I want to buy
                                                            b 1645
                                                                                                  they will garnish your wages. They can                 this.’’ He put a box of Skittles on the
                                             If you have earnings, savings or in-                 come in and put a title on your vehicle,               counter. It was 89 cents. He counted
                                          vestments, Uncle Sam is there with his                  assign themselves a new title to the ve-               out his 89 cents. The lady at the check-
                                          hand out. When you walk in and punch                    hicle, sell that vehicle and credit your               out register said, ‘‘that will be fine. I
                                          the time clock at 8 o’clock on Monday                   account. But the interest and the pen-                 need 96 cents.’’ And he looked at his fa-
                                          morning, Uncle Sam is right there figu-                 alty probably is going on faster than                  ther and said, ‘‘Dad, I’ve only got 89
                                          ratively with his hand out, and you                     you can sell a car to get that back out                cents. The price says 89 cents and the
                                          work until he gets what he wants. Then                  of there. There is nothing that the IRS                lady at the register says you have to
                                          he puts that in his pocket and figu-                    can’t touch if they are going to collect               pay the sales tax for the Governor.’’ He
                                          ratively goes away, and then you can                    your taxes. And when they are done, if                 looked at his father with a pained look
                                          start working for the rest of the inter-                they think you have avoided taxes,                     in his eyes. He said, ‘‘Dad, I have to
                                          est.                                                    they will encourage prosecution. We                    pay tax on Skittles?’’ ‘‘Yes, you have
                                             If it is earnings, savings or invest-                have people in federal penitentiaries                  to pay tax on Skittles, Son.’’
                                          ment, if it is productivity, the Federal                today for tax avoidance. So it is a con-                 Think what that does. If every little
                                          Government has the first lien on all                    fiscatory, mandatory taxation today.                   child growing up in America, when
                                          productivity in America. So a taxation                    I want to go to what HARRY REID                      they buy their Skittles or their Barbie
                                          is a punishment. It is a disincentive.                  calls a ‘‘voluntary tax system.’’ That is              doll clothes or their baseball cards, or
                                          We have less production than we would                   the Fair Tax. People volunteer to pay                  whatever they spend their money on, if
                                          have otherwise because we tax it first.                 the tax when they make their pur-                      they have to put a couple of dimes up
                                          We tax all earnings, savings and invest-                chases. There are other components to                  on the counter for Uncle Sam, they
                                          ment. If you go to a national sales tax,                this, but I want to make one more                      will be reminded at every transaction,
                                          ‘‘the Fair Tax,’’ and tax the last stop                 point before I yield, and that is the                  millions of young people, billions of
                                          on the retail for personal consumption                  other transformative point. The first                  transactions, how expensive our Fed-
                                          of sales and service, that way you’re                   transformative point is that what you                  eral Government is. When that hap-
                                          actually levying the tax against the                    tax, you get less of. The Fair Tax takes               pens, it will slowly transform America,
                                          people that are the consumers that are                  the tax off of all production in Amer-                 the core of America, the core of Amer-
                                          using it. So we lift the tax off of all                 ica. All earnings, savings and invest-                 ican responsibility. The two things
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                                          production in America, off of all earn-                 ment is not punished. You get to keep                  transformational are we stop punishing
                                          ings, savings and investments in Amer-                  it.                                                    production and we raise generations of
                                          ica, then we cut those anchor chains                      The other transformative component                   fiscally responsible, independent-mind-
                                          that we are dragging. The cost of tax                   is this, and a lot of people have been                 ed Americans. Those are the two trans-
                                          compliance is a cost to this economy,                   credited with this statement. I will                   formational principles.



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                                          H3482                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                            I would like to go to whichever one of                  I would like to then yield to the gen-                 I thank you again for bringing this to
                                          my colleagues is the most urgently                      tleman from Florida (Mr. MILLER).                      the floor.
                                          here. So, I would be happy to yield                       Mr. MILLER of Florida. I thank the                     Mr. KING of Iowa. I thank the gen-
                                          then to the gentleman from Georgia,                     gentleman for yielding. Thank you for                  tleman from Florida (Mr. MILLER) for
                                          Mr. NATHAN DEAL.                                        setting up this time this evening to                   coming down and standing up for the
                                            Mr. DEAL from Georgia. I want to                      talk about the Fair Tax, something                     one big policy before this Congress that
                                          thank the gentleman for yielding. I                     that a great many of us, in fact 51,                   will give us back our freedom. He
                                          want to join him in talking about the                   have signed on as cosponsors of this                   wouldn’t be the only individual from
                                          Fair Tax issue and to thank my col-                     particular piece of legislation. I do sa-              Florida who would be on and be a sup-
                                          league, JOHN LINDER, who is here on                     lute my friend, Mr. LINDER of Georgia,                 porter of the Fair Tax. As I cast my
                                          the floor, who is the primary sponsor of                for continuing to keep this piece of leg-              eyes around this Chamber, Mr. Speak-
                                          this legislation in the House.                          islation out in the forefront. It is in-               er, I pick up another one. It would be
                                            We all talk about change. We all talk                 cumbent upon us as members of the                      the gentleman from Florida (Mr. MICA)
                                          about reform. I can’t think of a single                 legislative body to do what we can to                  whom I would like to yield to and ask
                                          bill that is before this House, in com-                 bring things to the floor for debate.                  him if he can add to this cause that is
                                          mittee at least, that would have the                    But it is also incumbent on people out                 led by Mr. LINDER. As I came to this
                                          transformational effect of passing a                    there in just good old regular America                 Congress, I looked around to find JOHN
                                          Fair Tax. As the name implies, it is a                  to call their Members of Congress, to                  LINDER, because I knew that I wanted
                                          matter of fairness. It would do many                    inform them of what they want.                         to tie up with him on this Fair Tax
                                          things, and you’re going to hear, in ad-                  I think of Skip and Loretta Akin
                                                                                                                                                         cause.
                                          dition to Mr. KING who has already ad-                  back in my district who, every time
                                                                                                                                                           I yield as much time as he may con-
                                          dressed the topic, you’re going to hear                 there is a Fair Tax issue that comes
                                                                                                  up, they are a part of it. They are wear-              sume to the gentleman from Florida
                                          others today talk about some of the
                                                                                                  ing their Fair Tax shirts. They have                   (Mr. MICA).
                                          benefits that would be derived from                                                                              Mr. MICA. I thank you so much. I
                                          this kind of legislation.                               been to the city of Atlanta talking
                                                                                                  about the issue and bringing the good                  thank the gentleman from Iowa for
                                            First of all, it gives people a choice,
                                                                                                  news forward. But there are just a lot                 yielding to me. I thank him for his
                                          a choice over how they spend their
                                          money. We know that our country is in                   of people that aren’t listening. We are                leadership and also for calling this Spe-
                                          a deficit in terms of savings. This ap-                 in great economic peril now. We all                    cial Order tonight to talk about the
                                          proach to taxation would say to every                   know that. We all have compassion. We                  Fair Tax and about the subject of tax-
                                          American, if you choose to save, then                   want to solve the problems that are                    ation which has sort of gotten brushed
                                          you’re going to be able to do so, and                   out there. But we hear more and more                   under the carpet and not been consid-
                                          the government is not going to tax you                  about taxes. We hear class warfare, if                 ered in the 111th Congress, or for that
                                          as a result of making that choice. If                   you will. And again, my colleague has                  matter in the past Congress. The Fair
                                          you choose to spend and to consume,                     just talked about the issue of choosing                Tax has not been given a fair hearing
                                          then that is the basis on which your                    where you spend your money, choosing                   or a fair chance.
                                          taxation will be founded. Those are the                 if you’re going to buy something. It                     I can’t come before the House and
                                          kinds of things that give people more                   even goes beyond that. It is choosing                  talk about the subject without compli-
                                          of an involvement and a control over                    whether you buy something new or                       menting the gentleman from Georgia
                                          their own financial destiny. Of course,                 whether you buy something existing or                  (Mr. LINDER). Mr. LINDER certainly is
                                          as has been referred to, it does much to                used where there won’t be a sales tax                  an inspiration for moving this proposal
                                          restore our balance in the inter-                       on it. What is amazing to me is that                   forward, not only in Congress, but
                                          national trading community.                             besides the fact that it does away with                across the Nation. We were pleased to
                                            Coming from a part of the country in                  all of the other taxes that are embed-                 have him in my Congressional district
                                          the Southeast which was the old tex-                    ded out there, it is something that you                to speak on the Fair Tax and other
                                          tile belt, we have seen those jobs vir-                 alluded to, Mr. KING, just a little while              matters before Congress. There is no
                                          tually disappear. It happened for a va-                 ago, and that was that it prohibits                    question that without JOHN LINDER,
                                          riety of reasons. But one of the things                 funding of the IRS after the year 2013.                this topic would be totally forgotten
                                          that made it at a great disadvantage                    Can you imagine no Internal Revenue                    both in the Congress and across the
                                          was the tax structure that our country                  Service after the year 2013? Why? Be-                  country.
                                          has in place. If we are going to compete                cause each and every one of us remits                                   b 1700
                                          in the international marketplace, then                  at the cash register at the point of
                                          a system that does not add on a cost at                 sale. We remit the taxes there. So yes,                  I come before Congress at a time
                                          every stage of the production cycle in                  it has already been alluded to, in the                 when we have a new administration,
                                          the form of taxation is the best way to                 administration, where the Treasury                     and I think we all wish the President
                                          begin to make us competitive. I think                   Secretary that our President chose                     well. We wish him success. The country
                                          it will be a step toward having those                   could not figure out how to pay his                    is hurting economically, and we don’t
                                          industries, many of whom have left for                  taxes among the overly complicated                     want one person without a job. We
                                          a variety of reasons, but taxation being                Tax Code. I hope that Secretary                        don’t want one person who has a prob-
                                          one of them, to see them return back                    Geithner will join my colleagues and                   lem paying their mortgage or losing
                                          to our shores and to restore those job                  others in supporting this particular                   their home. We don’t want people to
                                          opportunities back to the American                      bill.                                                  suffer because they don’t have health
                                          people.                                                   Lastly, Mr. KING, I would like to also               insurance or an opportunity for edu-
                                            For this and many other reasons, I                    remind my colleagues that there are                    cation or the great opportunities that
                                          support the Fair Tax. I urge those com-                 Fair Tax rallies that are being held all               this Nation provides.
                                          mittees in this House who have juris-                   across the country. The next one that                    Unfortunately, this new administra-
                                          diction over that issue to discharge it                 I’m familiar with is in Jacksonville, in               tion also has not considered the Fair
                                          from their committee and give this                      my State of Florida, on the 11th of                    Tax. I think they have considered or
                                          House the opportunity for the elected                   April. Unfortunately, I will not be able               are considering just about every other
                                          representatives to express the will of                  to be there as I will be somewhere over-               tax. I don’t have enough time to cite
                                          their constituents on this very critical                seas visiting with our troops during                   all of them, but if you ever want to see
                                          and important reform, the Fair Tax. I                   that time of our break. The people that                new taxes, look at the budget that has
                                          thank the gentleman for yielding.                       are keeping this issue forward and in                  been rolled out by the new administra-
                                            Mr. KING of Iowa. I thank the gen-                    the forefront today are the ones that                  tion. Some are hidden. Some have
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                                          tleman for coming down and weighing                     need to be saluted as well as those that               fancy, clever names. There is the cap-
                                          in on this subject matter. I appreciate                 continue to talk about it. I encourage                 and-trade which would impose higher
                                          each of you as you weigh in. Hopefully                  you and will be here every time that                   costs for energy users. Someone told
                                          we will be able to do this more often in                you want to bring the Fair Tax issue to                me it is over $3,128 annually in higher
                                          the future weeks.                                       the floor.                                             cost for every household. That is a new



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                 H3483
                                          tax. It has a clever name, but they                     smaller, less complicated affair; but                    Now we are going to come to this
                                          have no problem imposing another tax                    nonetheless, it is complicated. And                    point because economic forces are
                                          on people who are already hurting and                   many people, obviously, have difficulty                going to drive us to this point. I had
                                          having difficulty in paying their en-                   complying with the thousands and                       the privilege of visiting with Chairman
                                          ergy bills.                                             thousands of pages and rules and regu-                 Bernanke last week or 10 days ago or
                                            The new administration is looking at                  lations that are interpreted differently.              so. One day, whether I am here or not,
                                          again a host of other ways to tax peo-                    So this is the time, I think, to give                this Congress is going to decide the
                                          ple, but not looking at the Fair Tax,                   this proposal which has been developed                 only way to go is to a more fair tax,
                                          which would probably be the simplest,                   by some here in Congress a fair chance,                that taxes not what you put into soci-
                                          one of the fairest means of assessing                   a fair hearing. Let’s not sweep it under               ety, but what you take out.
                                          costs to run our government. Now they                   the carpet for another 2 years, but let’s                Today we know that on average, 22
                                          are talking about new taxes on small                    give it an honest hearing and look at                  percent of what you pay for is the em-
                                          business, taxes for anyone who makes                    how we can eliminate a huge bureauc-                   bedded cost to the IRS. With all of the
                                          $250,000 a year, taxes on charitable giv-               racy and red tape. And so important                    companies that it takes to get a loaf of
                                          ing, taxes on certain housing and fi-                   today in creating jobs, whether it is in               bread to your table, there are payroll
                                          nancial transactions, bringing back the                 my district which is hurting for jobs,                 taxes, income taxes, there are compli-
                                          death tax, and there are some taxes                     or across the country, the issue of com-               ance costs, they get embedded in that
                                          that under the Bush administration                      petitiveness in the world markets, and                 price system. That is the only way a
                                          needed to be extended and they will let                 nothing would allow us to compete                      business can pay a bill is through price.
                                          them expire.                                            more than a fair and equitable tax sys-                And you pay that business’ light bill,
                                            So I think they are finding every way                 tem that many other nations in the                     their rent, and their tax bill.
                                          to tax but not looking at probably the                  world have turned to, and many of our                    If we have a price system that is in-
                                          simplest, most honest approach to                       competitors have turned to, which                      flated by 22 percent because of the em-
                                          again raising revenue, and that we                      make us less competitive in our jobs                   bedded cost of the IRS, that makes us
                                          think is the option of the Fair Tax.                    and products, and ability to compete in                less than competitive in a global econ-
                                            It is kind of interesting, too, in the                this global market.                                    omy and jobs move into better tax ju-
                                          new crowd we have folks we find don’t                     I am here tonight to join my col-                    risdictions offshore.
                                          mind raising new taxes because a lot of                 leagues in asking that we give the Fair                  Secondly, the Tax Foundation said
                                          them haven’t been paying those taxes                    Tax a fair hearing and a fair chance                   that last year we spent $350 billion fill-
                                          or are having difficulty explaining both                and fair consideration in the Congress                 ing out IRS paperwork. We spend an-
                                          to congressional committees and the                     rather than the host of taxes that are                 other $125 billion a year calculating the
                                          American public and others that they                    being cast upon us and the Nation to                   tax implications of a business decision.
                                          couldn’t figure out the taxes, or their                 pay by the administration at this time.                If we are spending in excess of $450 bil-
                                          highly paid CPAs or accountants                           I thank you for the opportunity to                   lion a year just to fill out forms to
                                          couldn’t figure out the morass of regu-                 join you tonight for a few minutes in                  send them in, that is inefficient. That
                                          lations and all of the terms in the                     this Special Order. And again, I praise                is stupid. It is like paying for a dead
                                          thousands of pages of Tax Code that ev-                 your work and hope that we get a fair                  horse. You get nothing from the trans-
                                          erybody has to comply with. This is                     hearing on the Fair Tax.                               action.
                                          not a laughing matter, folks. We have                     Mr. KING of Iowa. I thank the gen-                     Third, the underground economy is
                                          buried ourselves in tax law that again                  tleman from Florida. I would just add                  about $2 trillion a year. And the more
                                          would probably reach higher than me if                  that the Fair Tax does everything good                 complex our code gets, the easier it is
                                          it was all stacked up here on these                     that anybody else’s tax proposal does                  to go underground and avoid paying
                                          desks at which I am pleased to speak                    that is good, it does them all, and it                 taxes. They are not contributing.
                                          tonight.                                                does them all better. And I do that                      Fourth, there is today in offshore fi-
                                            But again, I think that it is vital and               right before I yield to the real Amer-                 nancial centers in dollar-denominated
                                          I would appeal to the leadership of the                 ican leader on the Fair Tax, an indi-                  deposits $13 trillion. My point to Chair-
                                          House and those on the Ways and                         vidual whom I met when I was a State                   man Bernanke was this: that is money
                                          Means Committee and other commit-                       legislator at an American Legislative                  that would be on shore in our markets,
                                          tees in the Congress to give the Fair                   Exchange Council meeting, and I heard                  in our banks, if we didn’t have an IRS.
                                          Tax a fair chance. Give it a fair hear-                 from JOHN LINDER in that meeting. I                      All four of those issues: the embedded
                                          ing. Give it a chance to be debated in                  had no idea at the time I was going to                 costs, the compliance costs, the under-
                                          committee and here on the floor of the                  get to be his colleague, and I had no                  ground economy, and the offshore in-
                                          House of Representatives. Instead of                    idea at the time I would be able to                    vestments, would be eliminated and
                                          this long list of new taxes that we hear                yield some time to our national leader                 fixed by getting rid of the IRS. None of
                                          coming out almost daily from the new                    on the Fair Tax, Mr. JOHN LINDER.                      them will be touched by nibbling
                                          administration to raise revenue, to                       Mr. LINDER. I thank the gentleman                    around the edges of our current tax
                                          look at a means of a very simple, eco-                  for yielding and for organizing this                   system.
                                          nomical, efficient reasons of raising                   Special Order.                                           Fifth is this point. We are having a
                                          revenue, eliminating the red tape and                     I think it might be good right now to                serious problem starting in real estate
                                          eliminating the questionable thousands                  repeat what the Fair Tax is.                           in America because people can’t afford
                                          of pages that people are having dif-                      The Fair Tax would repeal all taxes                  to pay their mortgages. Some made
                                          ficulty with, whether they are high                     on income. No more corporate income                    bad choices, but that is a simple fact.
                                          Wall Street smart executives being                      tax, personal income tax, no more pay-                 Under the Fair Tax the average income
                                          considered for the highest posts in our                 roll tax. Most Americans pay more in                   earner would have a 50 percent increase
                                          land, or the average taxpayer who is                    payroll taxes than income taxes. That                  in take-home pay. They would pay
                                          struggling to compile their taxes.                      pays for Social Security and Medicare.                 their mortgages. Now all of this stuff
                                            I know that people are saying that                    We would get rid of the gift tax, the es-              gets fixed in the economy without
                                          Mr. MICA made this up, but I came                       tate tax, the alternative minimum tax.                 spending $700 billion here and $700 bil-
                                          from my office and almost tripped over                  No more tax on income at all. And in-                  lion there without raising taxes and ev-
                                          a little stack that I have on the floor                 stead, we would tax a national sales                   erything, as Mr. MICA said.
                                          that I have to get to this week, and                    tax on everything that you purchased.                    Lastly, this point: we have never
                                          that is my taxes, to prepare that com-                    On average today, the average in-                    taxed wealth in America; we tax wages.
                                          plicated—and thank goodness I have                      come American gives the government                     The first thing very wealthy people do
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                                          been out of business and the private                    33 cents out of every dollar he earns.                 is stop getting wages so they pay 15
                                          sector for some time—so what used to                    Under the Fair Tax, they would give                    percent on capital gains and dividends,
                                          be probably 2 or 3 inches of tax returns                the government 23 cents out of every                   and if the Obama plan goes through,
                                          and sitting down for some time with                     dollar they spend and raise the same                   they will pay a 20 percent tax. But they
                                          my CPA and accountant is a much                         amount of money.                                       don’t pay anything to Social Security



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                                          H3484                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                          and Medicare because they have no                       lous, but it did bring back to mind my                 the fight to reduce our taxes and to try
                                          wages.                                                  favorite country song, if 10 percent is                to bring Federal spending under some
                                            When Mrs. Kerry had to release her                    enough for Jesus, it ought to be enough                type of control.
                                          tax return in 2004 during the Presi-                    for Uncle Sam.                                            This is my 21st year in Congress. And
                                          dential election, it showed she had $5.1                                  b 1715                               I’ll tell you, I have seen some pretty
                                          million in income the previous year.
                                                                                                    Mr. KING of Iowa. I thank the gen-                   mindboggling spending in that time,
                                          She paid a 12 percent tax on it. She
                                                                                                  tleman from Georgia. I know that this                  but even I have been shocked and as-
                                          paid nothing into Social Security and
                                                                                                  country is going to call upon him many                 tounded by all the spending that we
                                          Medicare. She had no wages. This taxes
                                                                                                  times as we move forward in this de-                   have seen lately, and it just seems to
                                          wealth when it is spent. It is fair to as-
                                                                                                  bate.                                                  be almost completely out of control.
                                          sume that she spent a good part of that                   I want to make the point that I have
                                          $5 million on several houses and travel.                                                                       And in all this spending and legislation
                                                                                                  been challenged in the past, and people
                                          And in that case if she had spent it all,                                                                      that we passed just in the last few
                                                                                                  will say, well, I know that the Fair Tax
                                          she would have put $400,000 into Social                                                                        months, in the midst of that, we’ve
                                                                                                  is a great idea, I’m convinced that
                                          Security and Medicare, but we don’t                     you’re right on the economics of it—in                 raised our national debt limit to 12
                                          tax wealth when it is spent today.                      fact, thinking economists won’t dis-                   trillion,    104    billion.  That’s    a
                                            Now what would happen if all of this                                                                         mindboggling, incomprehensible figure.
                                                                                                  agree; but the rebuttal that I get is,
                                          comes to pass? Our studies from out-                                                                           And nobody can really understand it or
                                                                                                  well, you can’t get it passed. My an-
                                          side consultants say that in the first                                                                         relate to it, but David Walker, as many
                                                                                                  swer to that is, if it gets passed under
                                          year we would have a 10.6 percent in-                                                                          of you know, the former head of the
                                                                                                  two different scenarios. One is, if we
                                          crease in the GDP. I asked Chairman                                                                            GAO, the Government Accountability
                                                                                                  elect a President who has run on it and
                                          Greenspan when he was chairman if                                                                              Office, has been going around this
                                                                                                  receives a mandate from the American
                                          that was inflationary, and he said not                                                                         country trying to be a Paul Revere to
                                                                                                  people for the Fair Tax. And the other
                                          at all. We would have a 72 percent in
                                                                                                  one is, when you are in a downward                     sound the warning to say that as trou-
                                          capital spending, and we know that
                                                                                                  economic spiral and Americans are ac-                  blesome and worrisome as the $12 tril-
                                          real take-home pay for workers in-
                                                                                                  tively looking for solutions, this is it.              lion national debt is, that an even
                                          creases in exact correspondence to cap-                   I will yield back to the gentleman
                                          ital spending.                                                                                                 greater problem is what he estimates
                                                                                                  from Georgia.                                          are now $56 trillion in unfunded future
                                            We would have jobs coming here. An                      Mr. LINDER. I think that is correct.
                                          informal study done at Princeton many                                                                          pension liabilities.
                                                                                                  And in the last Presidential election,
                                          years ago asked 500 international com-                  Governor Huckabee did run on the Fair                     And I used to say that what we were
                                          panies located in Europe and Japan:                     Tax. In your State, he won the Repub-                  doing to our children and grand-
                                          What would you do in your long-term                     lican primary. And he told me he ran                   children is terrible, but actually now I
                                          planning if the United States elimi-                    because of the Fair Tax Organization                   say what we’re doing to ourselves, be-
                                          nated all taxes on capital and labor and                in Iowa. We have organizations in 50                   cause I don’t believe it’s going to be
                                          taxed only personal consumption?                        States, and most States have dozens of                 more than 10 or 15 years, if that long,
                                          Eighty percent said they would build                    them. These are people who, no matter                  before we’re not able to pay all our So-
                                          their next plant in the United States.                  that happens to me or you or the folks                 cial Security and Medicare and vet-
                                            If you are selling to Detroit, you                    right now pushing this idea, they are
                                          would rather be in Detroit because                                                                             erans’ pensions and all of the things we
                                                                                                  not going to let it die. If you Google                 have promised our own people with
                                          transportation costs are high. But we                   ‘‘Fair Tax,’’ you will find that they are
                                          have driven them off with tax policy.                                                                          money that will buy anything. What
                                                                                                  meeting in every State, every week.                    we will do, we will do what govern-
                                            We have lots of debates on the floor
                                                                                                  Somewhere along the way it winds up                    ments all over the world have done
                                          of this House, but punishing people
                                                                                                  in the literature.                                     when they have gotten in this situa-
                                          who go offshore, locking up their ac-                     The American people are going to de-
                                          counts, they are not leaving because                    mand this. If you remember the de-                     tion, they have just started printing
                                          they hate America, they are leaving                     bates from the Republican primary, it                  more money. And that never works;
                                          because we kicked them offshore with                    came up in virtually every debate and                  it’s like a ball going downhill. It just
                                          confiscatory tax policies.                              brought down the house. So I don’t                     means that what people thought was a
                                            This will come to pass, and it will be                                                                       good pension is not going to work, not
                                                                                                  think it is going to go away because
                                          fair, and I hope one day we can give                                                                           going to support them at all.
                                                                                                  the American people are not going to
                                          back to the American people and the
                                                                                                  allow it.                                                 And every place in this world where
                                          freest society ever known the privilege                   Mr. KING of Iowa. I thank the gen-                   the people have let the government get
                                          of anonymity. No one should know as                     tleman. This good idea, I don’t know
                                          much about us as our Tax Code. We                                                                              out of control, what has happened is
                                                                                                  that it has ever lost a debate and prob-               there have been a few elitists at the
                                          should have no agency of the Federal                    ably never will.
                                          Government that knows more about us                                                                            top, it has basically wiped out the mid-
                                                                                                    I am looking around and I am seeing
                                          than we are willing to tell our children.                                                                      dle class, and there has been a huge
                                                                                                  a lot of my colleagues from south of
                                          Under this system, there would be no                                                                           starvation class because that is the
                                                                                                  the Mason-Dixon line—I’m glad there
                                          agency that knew how you made your                      is one from the north side of the                      only thing big government is good at is
                                          money, how much you made, or how                        Mason-Dixon line. But before we go                     wiping out the middle class.
                                          you spent it. You could anonymously                     there, I have never met a Republican                      I will say this; there is no good rea-
                                          go into any store, buy something, have                  from Tennessee I didn’t like. And we                   son why we should have a tax code
                                          the tax collected there just like we do                 have one on the floor with us tonight,                 nearly as complicated, convoluted, and
                                          in 45 States with the sales tax, and we                 Mr. Speaker, and that’s Mr. DUNCAN                     confusing as the one we have, where I
                                          would contract with those States to                     from Tennessee. I would be happy to                    have read that even half the advice the
                                          collect the money and remit it to us.                   yield.                                                 IRS itself gives out is wrong.
                                          We would have a system of government                      Mr. DUNCAN. I thank the gentleman
                                                                                                                                                            The Fair Tax certainly has a lot of
                                          that was fair.                                          from Iowa for yielding.
                                            Let me just close with this comment.                    I want to say, first of all, that I will             merit to it. Mr. LINDER has pointed out
                                          During the debate in 1912 when income                   be very brief because there are several                so many things. But right now the peo-
                                          tax was hot and heavy in the United                     other people here who wish to speak.                   ple who are paying their taxes, their
                                          States, one southern Senator made a                     But I want to commend my friend,                       honest share of taxes, they’re paying
                                          statement that was considered so ridic-                 JOHN LINDER, who has worked so hard                    the taxes for the illegal immigrants
                                          ulous and outrageous that he was                        in advocating the Fair Tax. And I espe-                and the drug dealers and those who
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                                          laughed off the floor of the Senate.                    cially want to commend my good                         work in the underground economy.
                                          Here is what he said. He said, ‘‘Mark                   friend, the gentleman from Iowa (Mr.                   Under the Fair Tax, the illegal immi-
                                          my words, if we pass this, in time they                 KING), for calling this Special Order to-              grants and the drug dealers would have
                                          will be taking 10 percent of everything                 night. The gentleman from Iowa has                     to start paying their fair share of
                                          you earn.’’ It was considered ridicu-                   been a real leader, a real champion in                 taxes.



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                H3485
                                            In addition to that, we have—I think                    And these economists continued and                   wasn’t because of JOHN’s lack of ethics,
                                          it’s 65 million foreign tourists. They                  said this: ‘‘To improve the economy,                   however. And I think he is absolutely
                                          would help us pay a Fair Tax. They                      policymakers should focus on reforms                   right; if we live long enough—Lord
                                          don’t help us pay an income tax. And                    that remove impediments to work, sav-                  willing—we’re going to see the elimi-
                                          as Mr. LINDER just said, we now spend                   ing, investment, and production. Lower                 nation of the 16th amendment, and
                                          $350 billion just in filling out the tax                tax rates and a reduction in the burden                that is, obliterate the income tax and
                                          forms. It is ridiculous that we have a                  of government are the best ways of                     replace it with the Fair Tax. I think
                                          system that is that complicated.                        using fiscal policy to boost growth.’’                 this country will be much more com-
                                            As the gentleman from Iowa pointed                      I will just wind up with a couple                    petitive.
                                          out a short time ago, the administra-                   more comments. Edward Rendell, the                       I could stand here and take up the
                                          tion has submitted a $3.9 trillion budg-                Governor of Pennsylvania, when he was                  rest of the time, but I know my other
                                          et. I noticed that Jim Cramer, the fa-                  the Mayor of Philadelphia, testified in                colleague from Georgia is here and he
                                          mous stock analyst who is on tele-                      front of a congressional committee and                 wants to speak.
                                          vision every night, he said President                   he said this; ‘‘The problem with gov-                    I want to thank the gentleman from
                                          Obama’s budget may be one of the                        ernment is that there is no incentive                  Iowa for conducting this Special Order
                                          great wealth destroyers of all time.                    for people to work hard, so many do                    tonight. And I thank him for the time
                                          And that is a significant statement                     not. There is no incentive to save                     that he gave me to weigh in, in support
                                          coming from a man who has been a six-                   money, so much of it is squandered.’’                  of JOHN LINDER and the Fair Tax. And
                                          figure contributor to the Democratic                    And that pretty much sums it up. And                   I yield back.
                                          Party. He said President Obama’s                        that pretty much sums up why the                         Mr. KING of Iowa. I thank the gen-
                                          budget may be one of the great wealth                                                                          tleman from Georgia, my good, long-
                                                                                                  more money you turn over to the gov-
                                          destroyers of all time. We don’t need                                                                          time friend from the first day I arrived
                                                                                                  ernment, the less it helps the economy.
                                          that, especially in this type of econ-                                                                         in this Congress. I look forward to
                                                                                                  It helps those who are in with the gov-
                                          omy.                                                                                                           more of these opportunities in this
                                            We don’t have enough people who re-                   ernment, but if you want to really help
                                                                                                  the poor people and the lower income                   fashion.
                                          alize this; there is waste in the private
                                                                                                  people in this country, then you will                    To conserve our time, I will happily
                                          sector just like there is waste in the
                                                                                                  try every way possible to keep more                    and quickly yield to the gentleman
                                          public sector, but the waste in the pri-
                                                                                                  money in the private sector.                           from Georgia, Dr. BROUN.
                                          vate sector pales in comparison to the
                                                                                                    We are going in the opposite direc-                    Mr. BROUN of Georgia. I thank the
                                          waste that is in the public sector be-
                                                                                                  tion today. I noticed that even the lib-               gentleman for yielding.
                                          cause a business that continually                                                                                Mr. Speaker, I believe that if a study
                                          wastes money will very soon go out of                   eral New York Times reporter asked
                                                                                                  President Obama a few days ago if he                   were done on facial expressions made
                                          business, but a government agency
                                                                                                  was a socialist. And that is the path                  during a word association test, the re-
                                          that wastes money just seems to get
                                                                                                  we’re headed down. They may try to                     sults would show that most people’s fa-
                                          increased funding. So what that means
                                                                                                  deny it. Socialism, though, has not                    cial expression given the word ‘‘taxes’’
                                          is that every dollar you can keep in the
                                                                                                  worked anyplace in this world; if it                   would be strikingly similar to that as
                                          private sector will do more to create
                                                                                                  had, the Soviet Union and Cuba would                   when they were asked to recall the last
                                          jobs and keep prices low than will any
                                                                                                  have been heaven on Earth.                             time that they stubbed their toe or
                                          dollars turned over to the government.
                                                                                                    I could say more, but I will stop be-                they smashed their finger with a ham-
                                          Yet, I saw on Lou Dobbs last night that
                                                                                                  cause others want to speak. Once                       mer. Just as each physical injury has
                                          in this past year, we’ve lost four mil-
                                          lion jobs in the private sector while                   again, I want to commend my friend,                    left a memory of pain and discomfort,
                                          government employment has increased                     the gentleman from Iowa, for bringing                  so has each tax season burned a mem-
                                          by 151,000 over the past 12 months. At                  us together here tonight. Thank you                    ory of stress and anger into the minds
                                          the same time that individuals and                      very much.                                             of most Americans.
                                          families all over this country are hav-                   Mr. KING of Iowa. I thank the gen-                     As many of you may know, I am an
                                          ing to cut back, we are giving increases                tleman from Tennessee for coming to                    original-intent constitutionalist. I be-
                                          to the government.                                      the floor and engaging in this discus-                 lieve the Federal Government was not
                                            The Washington Post, just after the                   sion.                                                  established to tax and spend; it was es-
                                          House passed the stimulus—and they                        Mr. Speaker, as we move through                      tablished to protect freedom and lib-
                                          supported it, but they said it would                    this and we get down to the last 10                    erty. Yet, here we are today trying to
                                          mean ‘‘a massive financial windfall’’—                  minutes available in this hour, I would                solve our Nation’s economic woes
                                          that’s the words they used—‘‘a massive                  be happy to yield to the gentleman                     through an outdated and failed philos-
                                          financial windfall’’ for Federal agen-                  from Georgia (Mr. GINGREY).                            ophy of more taxes, more spending,
                                          cies. So that is who is coming out good                   Mr. GINGREY of Georgia. I appre-                     more borrowing, and an overall belief
                                          in this, the Federal bureaucrats, Fed-                  ciate the gentleman yielding.                          that more government is the solution.
                                          eral agencies. And this area, which was                   I am very happy to be here this                      How many times, Mr. Speaker, will we
                                          already one of the wealthiest areas in                  evening to address my colleagues on                    hit ourselves in the thumb with an eco-
                                          the country, is going to come out just                  this important issue of the Fair Tax                   nomic hammer before we realize that
                                          fine under this stimulus package and                    and pay tribute to our colleague from                  this is not the way to approach our
                                          under this increased spending we’re                     Georgia, Representative JOHN LINDER.                   problems? As the great Winston
                                          doing.                                                  Representative LINDER, from the Sev-                   Churchill once said, ‘‘For a nation to
                                            But about the time we were voting                     enth Congressional District of Georgia,                try to tax itself into prosperity is like
                                          on this stimulus package, 203 leading                   is a long-term Member of this body, is                 a man standing in a bucket and trying
                                          university economists ran a full-page                   former chairman of the NRCC, long-                     to lift himself up by the handle.’’
                                          ad in the Washington Times and they                     term vice chairman of the Rules Com-                     With the tax filing deadline just
                                          said this; ‘‘We, the undersigned, do not                mittee, and now a member of the Ways                   around the corner and many Georgia
                                          believe that more government spending                   and Means Committee. And Mr. Speak-                    families struggling to figure out how
                                          is a way to improve economic perform-                   er, he knows of what he says in regard                 they will pay off Uncle Sam this year,
                                          ance. More government spending by                       to the Fair Tax.                                       now is the time to do away with our
                                          Hoover and Roosevelt did not pull the                     I think JOHN is absolutely right. And                terrible tax system, scrap this tax-and-
                                          United States economy out of the                        I am just, as I say, proud to be here and              spend mentality so we can go about a
                                          Great Depression of the 1930s. More                     be his colleague and to have an oppor-                 better way to get this country back on
                                          government spending did not solve Ja-                   tunity to weigh in, in support of the                  track.
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                                          pan’s ‘‘lost decade’’ in the 1990s. As                  Fair Tax. My only regret—or one of my                    Mr. Speaker, I would submit that one
                                          such, it is a triumph of hope over expe-                biggest regrets—since I’ve been here is                great way to reform our tax system
                                          rience to believe that more govern-                     that when we had the majority on our                   would be to institute the Fair Tax,
                                          ment spending will help the U.S.                        side of the aisle, we lost the oppor-                  which I’m an ardent supporter, a sys-
                                          today.’’                                                tunity, didn’t take the opportunity. It                tem that would replace all Federal



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                                          H3486                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                            With the tax filing deadline just                     enough for the Lord, it ought to be                    Federal taxes that we have. We have to
                                          around the corner and many Georgia                      good enough for Uncle Sam. We have to                  be able to give that all back and let
                                          families struggling to figure out how                   reduce the size of government and gov-                 people earn, save, and invest all they
                                          they will pay off Uncle Sam this year,                  ernment spending to achieve this heav-                 want to earn, save, and invest. And I
                                          now is the time to do away with our                     enly goal. Under the original intent of                just urge that this Congress take a
                                          terrible tax system, scrap this tax-and-                our Constitution, 10 percent would be                  look at this Fair Tax. And let’s get
                                          spend mentality so we can go about a                    more than enough to fund all of the                    some hearings. Let’s get something
                                          better way to get this country back on                  functions of the Federal Government                    moving through the Ways and Means
                                          track.                                                  as envisioned by our founders.                         Committee. Let’s continue to make
                                            Mr. Speaker, I would submit that one                    I call on my colleagues to listen to                 this point.
                                          great way to reform our tax system                      the American people who are demand-                      Also, I will say this: I came to this
                                          would be to institute the Fair Tax,                     ing a better system. We can and should                 conclusion in 1980. That’s 29 years ago.
                                          which I’m an ardent supporter, a sys-                   give it to them by reducing Federal                    I have looked at this Rubik’s Cube of
                                          tem that would replace all Federal                      Government spending and reforming                      the Fair Tax every way I can possibly
                                          taxes with one single retail sales tax.                 our tax system by enacting the Fair                    turn it. I turn it one way and another
                                          Just imagine the money that would                       Tax.                                                   way. The colors show a little bit dif-
                                          flow into our economy if hardworking                      I congratulate my dear colleague                     ferently, but every time I turn it again,
                                          Americans were actually allowed to                      from Iowa for allowing me to speak and                 it looks better and better and better.
                                          keep more of their money that they                      bringing this very, very important                     The more I know about it, the better I
                                          earned, if they didn’t see increasing                   issue to the forefront of the American                 like it. And I don’t know if anybody
                                          amounts being taken by a government                     people.                                                has studied it as long as I have, 29
                                          that can’t even pass a balanced budget,                   We have to stop spending. We are                     years, before there was anybody that
                                          much less operate on one.                               spending too much. We are taxing too                   had any science, any background on
                                                                                                  much. We are borrowing too much. And                   this. I took this to the people and
                                                            b 1730                                                                                       economists and the tax lawyers that I
                                                                                                  it’s going to kill our economy. I call
                                            However, it would be foolish to only                  this a steamroll of socialism being                    knew.
                                          discuss reforming our tax system with-                  shoved down the throats of the Amer-                     I yield to the gentleman from Geor-
                                          out addressing its soul mate, and that                  ican people that’s going to strangle our               gia.
                                          is government spending. Skyrocketing                    economy. It’s going to slay the Amer-                    Mr. BROUN of Georgia. I thank you
                                          growth in government spending by                        ican people economically if we don’t                   for yielding.
                                          both Congress and Presidents, regard-                                                                            I want to just point out that you
                                                                                                  stop it. Thank you so much.
                                          less of political party, has grown to a                   Mr. KING of Iowa. I thank the gen-                   have been a leader on this Fair Tax and
                                          level of astronomical proportions.                      tleman from Georgia for coming down                    trying to offer solutions. Republicans
                                          Spending by the Federal Government                      and joining in this discussion, Mr.                    have offered solution after solution
                                          has more than doubled since 1980 and                    Speaker, and I am hopeful that we will                 after solution to energy, to housing, to
                                          tripled since 1965. Recent history has                  have many more like this.                              taxes, to the spending; and the leader-
                                          shown us that cutting taxes is not a                      I want to reiterate a point that I                   ship has totally denied us from bring-
                                          viable solution if we do not also ad-                   made at the conclusion of Mr. LINDER’s                 ing this forward to the American pub-
                                          dress our gluttonous spending.                          delivery, and that is, as he went down                 lic. And I congratulate you for being a
                                            This government exists for the sole                   through the list of all the taxes that                 leader in this regard.
                                          purpose of serving the people, but for                                                                           Mr. KING of Iowa. I thank the gen-
                                                                                                  get eliminated, corporate and personal
                                          too many years, government has been                                                                            tleman from Georgia and all the par-
                                                                                                  income tax and payroll tax and inherit-
                                          merely serving itself. It has taxed and                                                                        ticipants.
                                                                                                  ance tax and the list goes on and on
                                          spent itself into a debt that shows no                  and on, the Fair Tax provides an incen-                                  f
                                          signs of receding.                                      tive for earnings, savings, and invest-                  THE SUBPRIME HOUSING CRISIS
                                            You see, this is something that seems                 ment. Here’s my point, and I want to                     The SPEAKER pro tempore. Under
                                          to have been forgotten by Congress and                  make this clear and I will stand on it                 the Speaker’s announced policy of Jan-
                                          by this administration. To spend these                  and I’ll defend it and I have made this                uary 6, 2009, the gentlewoman from
                                          huge increases as they are proposing,                   statement across the country, and it is                Ohio (Ms. KAPTUR) is recognized for 60
                                          they must first take it way from people                 this: The Fair Tax does everything                     minutes as the designee of the major-
                                          through taxes. And what happens when                    good that anybody’s tax proposal does                  ity leader.
                                          there are not enough taxes to cover all                 that is good for our economy and the                     Ms. KAPTUR. Mr. Speaker, I ask
                                          the increased spending? They simply                     American people. It does all of them                   unanimous consent to include extra-
                                          increase taxes, often through new and                   and it does them all better.                           neous material in the RECORD thereof
                                          creative methods, while also increasing                   Now, that sounds like a real big posi-               as I proceed this evening.
                                          our Federal debt.                                       tion to take, and I’m taking it because                  The SPEAKER pro tempore. Is there
                                            In 1930 the U.S. Tax Code was a brisk                 I’m solid in that, and I’m happy to de-                objection to the request of the gentle-
                                          500 pages long. Today it has swollen to                 bate that. I’d be happy to debate any-                 woman from Ohio?
                                          more than 45,000 pages, full of provi-                  body from the other side of the aisle                    There was no objection.
                                          sions that too often produce negative                   that can come over here and tell me                      Ms. KAPTUR. Mr. Speaker, as our
                                          results. A Fair Tax system, empow-                      that any part of that’s wrong and then                 economy continues to oscillate, and
                                          ering the American people to decide                     let’s have that discussion. When you                   the world markets with it, it is good to
                                          how much taxes they’ll pay through                      take the punishment off of people who                  remind ourselves of some economic
                                          their own purchasing decisions, will                    are producing, earning, saving, and in-                fundamentals so we can fix what ails
                                          force this spending-engorged govern-                    vesting, and you let them earn, save,                  us. Let us return to the opening fact:
                                          ment to change their ways and enact                     and invest all they want to produce,                   The proximate cause of America’s
                                          fiscally responsible budgets.                           and then you provide that incentive for                downturn is the subprime housing cri-
                                            In addition, a Fair Tax system will                   that savings and investment on the                     sis. It is not abating. Until America ad-
                                          move the responsibility of taxing citi-                 other side, as John Linder said, the                   dresses that, our economy will con-
                                          zens back to the States, simplifying                    Fair Tax eliminates the taxes on cap-                  tinue to bleed.
                                          the process, and remove the tempta-                     ital and labor.                                          Washington is obstinately refusing to
                                          tion by Congress and the administra-                      Now, Adam Smith said the sum total                   address that head-on. Six thousand six
                                          tion to feed their growing appetites at                 of the cost of anything that you                       hundred homes enter foreclosure across
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                                          the smorgasbord that is our current                     produce or buy is the cost of the cap-                 this country every day. That is one
                                          tax system.                                             ital plus the cost of the labor. But we                home, one family every 13 seconds. In-
                                            Often when I’m at home talking with                   are taxing all capital and labor in                    stead, Washington seems to still be
                                          my constituents in Georgia about                        America under the Federal income tax                   just picking at the edges of the glaring
                                          taxes, I tell them if 10 percent is good                along with the whole array of other                    headlights facing us.



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                H3487
                                            The President today, in the wake of                   our elected representatives have been                    So the subprime housing implosion is
                                          AIG’s giving AIG executives hundreds                    distanced from the government they                     the proximate cause of our downturn.
                                          and hundreds more millions of dollars,                  are sworn to defend against all en-                    But I have a question, why is our gov-
                                          taxpayer dollars, in bonuses, has stated                emies.                                                 ernment not fully using the normal in-
                                          the need for overall financial regu-                      After the big banks were rewarded 20                 stitutions that could resolve the crisis
                                          latory reform. He is right. America                     years ago by forcing the public to pick                on the books of the financial institu-
                                          needs more than executive bonus re-                     up their dirty laundry, they enlarged                  tions involved, the FDIC, the Federal
                                          form, however. That only represents a                   their thievery during the 1990s with a                 Deposit Insurance Corporation and the
                                          wart on a very large elephant, of hun-                  vengeance. Once most of America’s                      Securities and Exchange Commission.
                                          dreds of billions and, indeed, trillions                thrift and home loan institutions were                 Why aren’t we?
                                          of dollars irresponsibly managed and                    destroyed along with the savings ethic                   Last week we heard from the former
                                          the burden of resolution being put on                   that had been embedded into the law,                   chair of the Federal Deposit Insurance
                                          our taxpayers, on their children, on                    the megabanks set in place a massive                   Corporation who served both Repub-
                                          their grandchildren. The executive and                  racket to exploit and draw down the                    lican and Democratic Presidents back
                                          legislative branches of our government                  accumulated savings that were left,                    in the 1980s, Mr. William Isaac, who is
                                          must dive in and reform this out-of-                    you can call it equity, of the American                published in Investment Dealers’ Di-
                                          control financial marketplace. The Re-                  people represented in their homes, in                  gest this week, an article I am going to
                                          public and our citizens deserve no less.                the housing market. Wall Street and                    quote from. He essentially resolved and
                                          The question for history is whether                     the megabanks accomplished their                       successfully resolved over 3,000 insol-
                                          this Congress will meet its constitu-                   goal. They drew down huge sums of eq-                  vent banks back in the 1980s.
                                          tional obligations to protect and de-                   uity from homeowners through scheme                      Every bank in Texas went down but
                                          fend the Republic.                                      after conceivable scheme. Yes, they                    one. Continental Bank of Illinois went
                                            It is time that Wall Street and the                   sucked out the value of what home-                     down. He resolved those without a cost
                                          megabanks saw the writing on the                        owners actually owned, not owed but                    to the public. His answer to what we
                                          wall. Yet they seem hell-bent at resist-                owned, in their homes. Their schemes                   face is follows, a four-point alternative
                                          ance. Wall Street’s response of putting                 were masterful and they were morally                   to the bailout bill. Implement a pro-
                                          its head in the sand and their hands in                 wrong.                                                 gram that would ease the fears of de-
                                          our pockets should be over. AIG’s bo-                     Look in neighborhood after neighbor-                 positors and other general creditors of
                                          nuses are merely the latest sign, like a                hood in this country. I bet your prop-                 banks. You do that through the FDIC
                                          big canary in the mine shaft sign, of                   erty values have come down. If you’re                  and the Securities and Exchange Com-
                                          Wall Street’s high arrogance and its                    not losing your home, you’ve been im-                  mission.
                                          real power, I repeat, its real power,                                                                            No. 2, you reinstitute restrictions on
                                                                                                  pacted by it. Your equity has been less-
                                          over the American people and the insti-                                                                        short sellers. You do that through leg-
                                                                                                  ened. They got to you too. They got to
                                          tutions that govern us. The voices of                                                                          islation or the SEC could do that. They
                                                                                                  almost every single household in this                  haven’t.
                                          the people are not being fully heard.                   country.                                                 No. 3, you could suspend or alter sub-
                                          Wall Street’s latest racketeering and
                                                                                                                     b 1745                              stantially mark-to-market accounting
                                          ransacking of our Republic trumps
                                                                                                    How did they do it? They had mil-                    which has contributed to mightily to
                                          anything they have done in the past.
                                                                                                  lions of schemes. Take widows’ loans,                  our current problems by marking as-
                                            Let us recall the savings and loan de-
                                                                                                  widow, w-i-d-o-w. This was the rotten                  sets to unrealistic fire-sale prices. We
                                          bacle back in the 1980s when financial
                                                                                                  racket by which Wall Street’s sharp-                   could authorize a net worth certificate
                                          institutions dumped $150 billion of
                                                                                                  pencil boys preyed on grief-stricken                   program, that authority still exists.
                                          their bad debts onto the American peo-
                                                                                                  women who had just lost their hus-                     FDIC needs to use it.
                                          ple, onto their children. It was a huge                                                                          We could settle the financial mar-
                                          load. In fact, we’re still paying it. It                bands, unethical moneymen at white-
                                                                                                                                                         kets, he says, without significant ex-
                                          became the third largest share of our                   shoe Wall Street institutions like
                                                                                                                                                         pense to taxpayers. This would leave
                                          Nation’s long-term debt. We’re paying                   Citigroup, through its CitiFinancial,
                                                                                                                                                         $700 billion of dry powder we could put
                                          for it until today. It gets hidden in the               no less, drilled into that segment of the              to work in targeted tax incentives, if
                                          overall debt but it’s in there. But Wall                market for every penny they could                      needed, to get the economy moving
                                          Street and the megabanks had no re-                     exact.                                                 again.
                                          morse. They smelled blood. They got                       They promised widows—and they fol-                     But why hasn’t Washington done
                                          away with what they did. And they                       lowed the obituaries to find them—                     what he suggests? Perhaps it’s because
                                          learned something from that fiasco.                     they promised widows that now that                     the megabanks and their Wall Street
                                          They were able to wash their hands of                   their husbands were gone, they needn’t                 patrons relish the world of greed in
                                          responsibility. They got away with it.                  worry about their finances into the fu-                which they float. And, frankly, they
                                            They then worked like eager beavers                   ture. Just sign on the dotted line and                 have worked very hard and spent bil-
                                          to change the laws of this country so                   an equity bonanza would be yielded to                  lions in lobbying fees and campaign
                                          that they could do even more. So much                   that widow.                                            contributions to set up the world just
                                          more. The savings and loan bailout                        They failed to mention that in a few                 the way they like it, and they have
                                          marks the point in time when the larg-                  years the widow’s mortgage payments                    been rewarded handsomely. They are
                                          est financial institutions in this coun-                would more than double. But who was                    still being rewarded very handsomely.
                                          try figured out that they could push                    to worry? Tragic, yes, but true. Did it                  They don’t want to lose their grip.
                                          this Congress around and the President                  happen, yes, over and over and over                    After all, they have figured it all out.
                                          around, and they were emboldened by                     again.                                                 From every angle, they know even that
                                          what they did. And they not only have                     And     those     who     worked    for              congressional elections are cheap.
                                          ever since, and royally, I might add,                   CitiFinancial across this Nation, and I                They are now the largest contributors,
                                          but they have done so at a magnitude                    am sure some are listening this                        Wall Street, that is, to congressional
                                          that is unprecedented. Who knows how                    evening, some refused to do that. They                 elections and Presidential races. They
                                          deep the hole is this time around?                      left their firms or they were termi-                   figure about $3 million a seat in here
                                          They’ve already dumped $700 billion of                  nated, but others did it.                              and a few hundred million for a Presi-
                                          their bills already directly on the                       And every time they did it, they got                 dent. You add those all up, it doesn’t
                                          American people, six times more than                    a bonus on that widow’s refinancing. I                 even equal what we put in to the AIG
                                          the last time.                                          can’t imagine how those people can                     bailout for the entire Congress of the
                                            And on top of that, who knows really                  sleep at night. That’s how they made                   United States.
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                                          what debt the Federal Reserve is                        their money.                                             The castle that Wall Street built, and
                                          racking up in its hidden transactions,                    Congress needs to hear from those                    which it is defending now at all costs,
                                          furiously assembled at its own count-                   widows. I know they are out there.                     was built at the price of great harm to
                                          ing house. Those secret transactions                    What happened to them, in my opinion,                  this republic. I believe that the situa-
                                          merely tell us how far out of control                   was criminal.                                          tion can right itself, but it will take



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                                          H3488                                             CONGRESSIONAL RECORD — HOUSE                                                         March 17, 2009
                                          the American people taking back their                   velopment that removed normal under-                     The question is, on behalf of which
                                          power through us, those that they                       writing standards. For example, HUD’s                  institutions did Wasserstein Perella
                                          elect.                                                  mortgage letter, 93–2, ‘‘Mandatory Di-                 move the subprime paper? Equally in-
                                            The situation we face did not happen                  rect Endorsement Processing,’’ gave                    teresting is, effective June 5, 2008, last
                                          overnight. As I stated, it grew out of                  authority to home builder-owned lend-                  year, Dresdner Kleinwort Wasserstein
                                          the savings and loan crisis. And let’s                  ers bye like KB Mortgage and affiliate                 Securities was listed on Federal Re-
                                          look back at the late 1980s and 1990s, in               lenders like Countrywide to independ-                  serve Bank of New York’s private gov-
                                          the 1990s, activities began and a plan                  ently approve their own loans.                         ernment securities dealers’ list. They
                                          was set in place by Wall Street and the                   Then in 1994, HUD mortgage letter                    are right on the inside. They are more
                                          largest money-center banks, and I will                  94–54 allowed lenders to select their                  on the inside than my neighbors are
                                          name      them,     JPMorgan       Chase,               own appraisers. How do you like that?                  back in Ohio where 10 percent of our
                                          Citigroup, Bank of America, HSBC,                         Secretary of HUD Henry Cisneros,                     homes have been foreclosed. This
                                          Wachovia and Wells Fargo—Wells                          upon departure from the Department of                  means a foreign institution with severe
                                          Fargo and Bank of America down in                       Housing and Urban Development, be-                     financial problems is brought under the
                                          Charlotte—to overleverage our U.S.                      came a KB Home board member as well                    umbrella of the U.S. Federal Reserve.
                                          housing market through such schemes                     as a Countrywide board member. So as                     In fact, if you review the list of trou-
                                          as mortgage-backed securities and                       a public servant of the highest order,                 bled money center banks, most of them
                                          home-equity loans to make extraor-                      with the trust of the President and all                are now listed on the preferred primary
                                          dinary profits and enrich executives,                   those at HUD, Mr. Cisneros appears to                  dealers’ list at the Federal Reserve.
                                          boards and their shareholders. We                       have leveraged his position to his own                 The Fed is starting to look like the en-
                                          know some of their names, but it’s                      benefit. Of course, appearances can be                 campment of the most culpable.
                                          amazing how they can avoid the public                   deceptive, and sometimes appearances                     This brings me back to AIG. This
                                          limelight.                                              are spot on.                                           weekend, AIG grudgingly released the
                                            The net result of their combined ac-                    Continuing on, Mr. Speaker, in 1995                  names of the banks that they had to
                                          tions has been to indebt our Nation on                  Congress passed, over my objection,                    pay related to the credit default swaps
                                          the private side with our families and                  the Private Securities Litigation Re-                  on securities that failed. So AIG had to
                                          ultimately shift the cost of what they                  form Act. This bill was the only bill                  pay on those failures.
                                          have done, their excesses, to the public                ever passed by Congress over a Clinton                   Who did they pay with taxpayer dol-
                                          realm.                                                  veto, and it was part of Newt Ging-                    lars that bailed them out and contin-
                                            The Wall Street and Wall Street-re-                   rich’s Contract with America. This law                 ued to bail them out over and over to
                                          lated institutions lobbied to change                    made securities class action lawsuits
                                                                                                                                                         a level of $176 billion and beyond?
                                          Federal laws, along with executive ac-                  more difficult.                                          You know the No. 1 company? As of
                                                                                                    In fact, Representative ED MARKEY of
                                          tions, that aided and abetted their                                                                            Monday this week, Goldman Sachs.
                                                                                                  Massachusetts offered an amendment
                                          plan. In 1994, the Riegle-Neal Interstate                                                                      Well, they got $12.9 billion, Goldman
                                                                                                  to that bill that would have made
                                          Banking and Branching Efficiency Act                                                                           Sachs. That’s where the last two Secre-
                                                                                                  those that sold derivatives still subject
                                          was passed into law with Congress has-                                                                         taries of the Treasury have come from,
                                                                                                  to class actions. But his amendment
                                          tening bank mergers, resulting in the                                                                          both in Democratic and Republican ad-
                                                                                                  was not accepted, and it never passed.
                                          further concentration of financial                        Back in those days, I can remember                   ministrations. We have a new Sec-
                                          power in money center banks, most                       when the Securities and Exchange                       retary of Treasury now who came from
                                          often leading to Wall Street.                           chair, Brooksley Born, made public                     the New York Federal Reserve.
                                            And in local communities across this                  statements talking about the necessity                   I will insert in the RECORD the The
                                          country, what happened was banks                        to regulate the derivatives market,                    New York Times article by Mary Wil-
                                          that had been headquartered in towns                    what she saw happening. She was                        liams Walsh.
                                          and cities began to disappear, as they                  forced out of the SEC. I nominate her                    [From the New York Times, Washington
                                          were gobbled up by money center                         for a gold medal.                                                       Edition]
                                          banks far from home. And communities                      In 1999 Gramm-Leach-Bliley Act                         FIRMS TO WHICH IT PAID TAXPAYER MONEY
                                          across this country became derivative                   passed Congress, and for the first time                            TRACKING THE BAILOUT
                                          money centers of a headquartered bank                   since the 1930s removed the regulatory                 FOREIGN AND U.S. BANKS WERE GIVEN BILLIONS
                                          a very long way home. Think about                       barriers that existed between banks                                AGAINST BAD DEBT
                                          where you live. Think about what hap-                   and insurance and real estate and com-                            (By Mary Williams Walsh)
                                          pened in your community.                                merce. It was like all the rules were                    Amid rising pressure from Congress and
                                            With the passage of the Riegle-Neal                   thrown out.                                            taxpayers, the American International
                                          bill, what changed was this, the tradi-                   Insurance companies got into deriva-                 Group on Sunday released the names of doz-
                                          tional concept of community banking                     tives, securities houses got into hous-                ens of financial institutions that benefited
                                          where residential lending took the                      ing and real estate, America’s banking                 from the Federal Reserve’s decision last fall
                                          form of a loan which was made on the                    system was turned inside out. Over the                 to save the giant insurer from collapse with
                                          time-tested standards of character, col-                                                                       a huge rescue loan.
                                                                                                  next several years, the fury of an in-                   Financial companies that received multi-
                                          lateral and collectability, was trans-                  flating housing market and mergers of                  billion-dollar payments owed by A.I.G. in-
                                          formed into a bond and then security,                   financial institutions increased.                      clude Goldman Sachs ($12.9 billion), Merrill
                                          which was broken into pieces and then                     To illustrate the general pattern of                 Lynch ($6.8 billion), Bank of America ($5.2
                                          sold into, ultimately, the international                behavior, an interesting case to follow                billion), Citigroup ($2.3 billion) and Wachovia
                                          market, where you can’t even find it,                   is that of investment bank Wasserstein                 ($1.5 billion).
                                          largely through Wall Street dealers.                    Perella of New York and Chicago. It                      Big foreign banks also received large, sums
                                          Essentially, collateral was overvalued,                 wasn’t the largest, but one can follow                                                     ´ ´  ´ ´
                                                                                                                                                         from the rescue, including Societe Generale
                                          the value of the house became over-                     and track it.                                          of France and Deutsche Bank of Germany,
                                                                                                    In 2001, at the height of the mortgage               which each received nearly $12 billion;
                                          valued.                                                                                                        Barclays of Britain ($8.5 billion); and UBS of
                                            Risk was masked and proper under-                     bubble, it merged with Dresdner Bank                   Switzerland ($5 billion).
                                          writing and oversight of the loans was                  of Germany, taking with it volumes of                    A.I.G. also named the 20 largest states,
                                          dispensed with. Thus began the silent                   U.S. subprime paper. Today, Dresdner,                  starting with California, that stood to lose
                                          eroding of our Nation’s community                       which is the second largest bank in                    billions last fall because A.I.G. was holding
                                          banks. They are not all gone, but they                  Germany, has been victimized by the                    money they had raised with bond sales.
                                          are fewer, and they are burdened un-                    subprime crisis and has been put up for                  In total, A.I.G. named nearly 80 companies
                                          fairly by the economy Wall Street-                      sale. It is likely being acquired by                   and municipalities that benefited most from
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                                                                                                                                                         the Fed rescue, though many more that re-
                                          money centered banks have delivered                     Commerzbank in Germany, which is
                                                                                                                                                         ceived smaller payments were left out.
                                          to them and us.                                         owned by their largest insurance                         The list, long sought by lawmakers, was
                                            In addition, in the years of 1993 and                 group, Allianz Insurance Group of Ger-                 released a day after the disclosure that
                                          1994, there were changes made at the                    many. They have the same kinds of in-                  A.I.G. was paying out hundreds of millions of
                                          Department of Housing and Urban De-                     surance problems as we do.                             dollars in bonuses to executives at the A.I.G.




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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                                                                             H3489
                                          division where the company’s crisis origi-                 But taxpayers may have a hard time ac-              obligations to                                the           following                       companies,
                                          nated. That drew anger from Democratic and              cepting that so many marquee financial                 among others:
                                          Republican lawmakers alike on Sunday and                companies—including some American banks
                                          left the Obama administration scrambling to             that received separate government help and                                                                                                              Amount
                                                                                                                                                                                             Institution                                               (in billions)
                                          distance itself from A.I.G.                             others based overseas—benefiting from gov-
                                            ‘‘There are a lot of terrible things that             ernment money.                                         Goldman Sachs ..................................................................                        $12.9
                                          have happened in the last 18 months, but                   The outrage that has been aimed at A.I.G.                ´ ´ ´ ´
                                                                                                                                                         Societe Generale ................................................................                        11.9
                                          what’s happened at A.I.G. is the most out-                                                                     Deutsche Bank ...................................................................                        11.8
                                                                                                  could complicate the Obama administra-                 Barclays .............................................................................                    8.5
                                          rageous,’’ Lawrence H. Summers, an eco-                 tion’s ability to persuade Congress to au-             Merrill Lynch ......................................................................                      6.8
                                          nomic adviser to President Obama who was                thorize future bailouts.                               Bank of America ................................................................                          5.2
                                          Treasury secretary in the Clinton adminis-                                                                     UBS ....................................................................................                  5.0
                                                                                                     Patience with the company’s silence began           BNP Paribas .......................................................................                       4.9
                                          tration, said Sunday on ‘‘This Week’’ on                to run out this month after it disclosed the           HSBC ..................................................................................                   3.5
                                          ABC. He said the administration had deter-              largest loss in United States history and had          Citigroup ............................................................................                    2.3
                                          mined that it could not stop the bonuses.                                                                      Calyon ................................................................................                   2.3
                                                                                                  to get a new round of government support.              Dresdner Kleinwort .............................................................                          2.2
                                            But some members of Congress expressed                Members of Congress demanded in two hear-              Wachovia ............................................................................                     1.5
                                          outrage over the bonuses. Representative                ings to know who was benefiting from the               ING .....................................................................................                 1.5
                                          Elijah E. Cummings, a Democrat of Mary-                 bailout and threatened to vote against fu-             Morgan Stanley ..................................................................                         1.2
                                          land who had demanded more information                                                                         Bank of Montreal ...............................................................                          1.1
                                                                                                  ture bailouts for anybody if they did not get
                                          about the bonuses last December, accused                the information.
                                          the company’s chief executive, Edward M.                                                                         But it’s very interesting which firms
                                                                                                     ‘‘A.I.G.’s trading partners were not inno-
                                          Liddy, of rewarding reckless business prac-             cent victims here,’’ said Senator Christopher
                                                                                                                                                         get special treatment. Several of the
                                          tices.                                                  J. Dodd, the Connecticut Democrat who pre-             AIG infusions of money that came from
                                            ‘‘A.I.G. has been trying to play the Amer-                                                                   the U.S. taxpayers are foreign based.
                                                                                                  sided over one recent hearing. ‘‘They were
                                          ican people for fools by giving nearly $1 bil-                                                                 Societe Generale of France, $12 billion;
                                                                                                  sophisticated investors who took enormous,
                                          lion in bonuses by the name of retention
                                          payments,’’ Mr. Cummings said on Sunday.
                                                                                                  irresponsible risks.’’                                 Deutsche Bank of Germany, $12 billion;
                                                                                                     The anger peaked over the weekend when              Barclays of Britain, $8.5 billion; UBS of
                                          ‘‘These payments are nothing but a reward
                                                                                                  correspondence surfaced showing that A.I.G.            Switzerland, $5 billion; Dresdner, $2.2
                                          for obvious failure, and it is an egregious of-
                                                                                                  was on the brink of paying rich bonuses to
                                          fense to have the American taxpayers foot                                                                      billion; foreign banks paid with U.S.
                                                                                                  executives who had dealt in the derivative
                                          the bill.’’                                                                                                    taxpayer dollars?
                                            An A.I.G. spokeswoman said Sunday that                contracts at the center of A.I.G’s troubles.
                                                                                                     Representative Barney Frank, Democrat of              The American taxpayers are becom-
                                          the company would not identify the recipi-                                                                     ing the insurance company for Wall
                                          ents of these bonuses, citing privacy obliga-           Massachusetts and chairman of the House
                                          tions.                                                  Financial Services Committee, implicitly               Street and global banks. Think about
                                            Ever since the insurer’s rescue began, with           questioned the Treasury Department’s judg-             that one.
                                          the Fed’s $85 billion emergency loan last fall,         ment about the whether the bonuses were                  There is simply no way for us to pay
                                          there have been demands for a full public ac-           binding.                                               our way out of this, because without
                                          counting of how the money was used. The                    ‘‘We need to find out whether these bo-             mark-to-market accounting being en-
                                          taxpayer assistance has now grown to $170               nuses are legally recoverable,’’ Mr. Frank
                                                                                                                                                         gaged, that is destroying more capital
                                          billion, and the government owns nearly 80              said in an interview Sunday on Fox News.
                                                                                                     Many of the institutions that received the          inside these banks than we can pos-
                                          percent of the company.
                                            But the insurance giant has refused until             Fed payments were owed money by A.I.G. be-             sibly make up for with the debt we are
                                          now to disclose the names of its trading                cause they had bought its credit deriva-               assuming as the risk is passed on to
                                          partners, or the amounts they received, cit-            tives—in essence, a type of insurance in-              the American people.
                                          ing business confidentiality.                           tended to protect buyers should their invest-
                                            A.I.G. finally relented after consulting              ments turn sour.
                                                                                                                                                                           b 1800
                                          with the companies that received the govern-               As it turned out, many of their invest-               Besides Goldman Sachs in our coun-
                                          ment support. The company’s chief execu-                ments did sour, because they were linked to            try, Merrill Lynch got $6.8 billion
                                          tive, Edward M. Liddy, said in a statement              subprime mortgages and other shaky loans.              through AIG; Bank of America, $5.2 bil-
                                          on Sunday: ‘‘Our decision to disclose these             But A.I.G. was suddenly unable to honor its            lion; Citigroup, $2.3 billion; Wachovia,
                                          transactions was made following conversa-               promises last fall, leaving its trading part-
                                          tions with the counterparties and the rec-
                                                                                                                                                         $12.5 billion. All banks are receiving
                                                                                                  ners exposed to potentially big losses.
                                          ognition of the extraordinarily nature of                  When A.I.G. received its first rescue loan          TARP funds, too. So it’s almost like
                                          these transactions.’’                                   of $85 billion from the Fed, in September, it          double dipping into taxpayer dollars.
                                            Still, the disclosure is not likely to calm           forwarded about $22 billion to the companies           Oh, my, is it time for major reform.
                                          the ire aimed at the company and its trading            holding its shakiest derivatives contracts.              Mr. Speaker, this past week Congress
                                          partners.                                               Those contracts required large collateral              took some steps forward toward real
                                            The Fed chairman, Ben S. Bernanke, ap-                payments if A.I.G.’s credit was downgraded,            reform, and I’d like to highlight a cou-
                                          pearing on ‘‘60 Minutes’’ on CBS on Sunday              as it was that month.
                                          night, said: ‘‘Of all the events and all of the
                                                                                                                                                         ple of them and thank those who made
                                                                                                     Among the beneficiaries of the government           them possible. I’d like to begin by
                                          things we’ve done in the last 18 months, the            rescue were Wall Street firms, like Goldman
                                          single one that makes me the angriest, that             Sachs, JPMorgan and Merrill Lynch that
                                                                                                                                                         thanking House Financial Services
                                          gives me the most angst, is the intervention            had argued in the past that derivatives were           Committee Chairman BARNEY FRANK
                                          with A.I.G.’’                                           valuable risk-management tools that skilled            for not only permitting, but attending
                                            He went on: ‘‘Here was a company that                 investors could use wisely without any inter-          the Subcommittee on Capital Markets,
                                          made all kinds of unconscionable bets. Then,            vention from federal regulators. Initiatives           Insurance, and Government Sponsored
                                          when those bets went wrong, they had a—we               to regulate financial derivatives were beaten
                                          had a situation where the failure of that
                                                                                                                                                         Enterprises hearing on mark-to-mar-
                                                                                                  back during the administrations of Presi-              ket accounting. This is the bullseye at
                                          company would have brought down the fi-                 dents Bill Clinton and George W. Bush.
                                          nancial system.’’                                                                                              the center of the target.
                                                                                                     Goldman Sachs had said in the past that
                                            In deciding to. rescue A.I.G., The govern-                                                                     In addition, I wish to extend my grat-
                                                                                                  its exposure to A.I.G.’s financial trouble was
                                          ment worried that if it did not bail out the
                                                                                                  ‘‘immaterial.’’ A Goldman Sachs representa-            itude for his leadership to the chair-
                                          company, its collapse could lead to a cas-                                                                     man of that Committee, Representa-
                                                                                                  tive was not reachable on Sunday to address
                                          cading chain reaction of losses, jeopardizing                                                                  tive PAUL KANJORSKI, and the ranking
                                                                                                  whether that characterization still held.
                                          the stability of the worldwide financial sys-                                                                  member, Representative SCOTT GAR-
                                                                                                  When asked about its exposure to A.I.G. in
                                          tem.
                                                                                                  the past, Goldman Sachs has said that it               RETT, whose opposition to the Wall
                                            The list released by A.I.G. on Sunday, de-
                                                                                                  used hedging strategies with other invest-             Street bailout is as strong as mine, for
                                          tailing payments made between September
                                                                                                  ments to reduce its exposure.                          allowing me to participate in that
                                          and December of last year, could bolster that
                                                                                                     Until last fall’s liquidity squeeze; A.I.G. of-
                                          justification by illustrating the breadth of                                                                   hearing although I am not on that sub-
                                                                                                  ficials also dismissed those who questioned
                                          losses that might have occurred had A.I.G.                                                                     committee.
                                                                                                  its derivatives operation, saying losses were
                                          been allowed to fail. Some of the companies,                                                                     I’d also like to congratulate the staff
                                                                           ´ ´   ´ ´              out of the question.
                                          like Goldman Sachs and Societe Generale,                                                                       on the subcommittee for a job well
smartinez on PROD1PC64 with HOUSE




                                          had exposure mainly through A.I.G.’s deriva-                       BENEFICIARIES OF A RESCUE
                                                                                                                                                         done. This hearing was informative on
                                          tives program. Others, though, like Barclays               The American International Group on Sun-
                                          and Citigroup, stood to lose mainly because             day released the names of financial institu-           many levels. It is clear that reform of
                                          they were customers of A.I.G.’s securities-             tions that benefited last fall when the Fed-           the mark-to-market system is a bipar-
                                          lending program, which does not involve de-             eral Reserve saved it from collapse with an            tisan issue. Congress surely would pre-
                                          rivatives.                                              $85 billion rescue loan. The Fed paid A.I.G.’s         fer that the industry itself privately,



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                                          H3490                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                          through the Federal Accounting Stand-                   volvement     in    insuring    mortgage-              level, since your local bank no longer
                                          ards Board, make the necessary                          backed securities.                                     really had that loan and you started
                                          changes to properly account for and                       Prudent lending has been thrown out                  sending your mortgage check to places
                                          subsequently protect institutions. But                  the window for a very long time, and                   far away from home, most of which
                                          that appears to be log jammed.                          basically the system that has been set                 ended up on Wall Street or in one of
                                            Though not an easy task, time and                     up has taken the individual mortgage                   these money center banks. Well, you
                                          time again in the hearing the Federal                   loan—let’s say this is your mortgage                   get the picture.
                                          Accounting Standards Board, the Secu-                   that was arranged at your local lending                  Just to make it more interesting,
                                          rities and Exchange Commission, and                     institution—and what happened across                   what AIG did was took all those cut-up
                                          the Office of the Comptroller of the                    our country in the past was that when                  securities and they sold insurance that
                                          Currency in the Department of the                       you would go to a bank and you would                   they called credit-default swaps on
                                          Treasury were told to take action or                    get a mortgage locally, you might have                 those mortgage-backed securities, and
                                          Congress would take action. I hope                      deposits in that bank, and the bank                    they had to pay out on that insurance
                                          that they listen, too, because I know                   could only loan 10 times more than the                 that was sold as our housing market
                                          my colleagues can take action, and                      level of deposits in that institution.                 started to deteriorate and mortgages
                                          they surely must.                                         A system was set up in our country                   began to fail. But, you know what?
                                            Three weeks was given as the                          where, when you took the loan out,                     They did it through an office in Lon-
                                          timeline for FASB and its collabo-                      that loan was purchased. Usually it                    don. This just gets more interesting—
                                          rators to take action. Chairman KAN-                    went to the Federal Housing Adminis-                   where the meltdown of AIG actually
                                          JORSKI already has a hearing date                       tration or the Federal National Mort-                  began.
                                          blocked out for the week we return                      gage Association here. But it had never                  You see, the insurance market is reg-
                                          from our April break to follow up as                    really been taken into the inter-                      ulated, but what they did with it, with
                                          necessary. I thank him for that.                        national market.                                       credit-default swaps, that isn’t regu-
                                            Congress is, for now, expecting and                     What they did under this new system                  lated. Nobody was really in charge of
                                          hoping that those who are in charge of                  was rather than having the 10 to 1 lend-               that. So they hid a lot of this. They hid
                                          regulation will do so, so we do not have                ing ratio to capital deposit, what Wall                a lot of what was going on and they
                                          to. They, together, are the experts, and                Street did is it had a ratio of 1 to 100.              created almost like a Ponzi scheme.
                                          should see to the necessity for making                  It took $1 and it turned it into $100—10               And I have been saying to homeowners
                                          these improvements.                                     times more than ever had been done in                  across the country, If you get a fore-
                                            All in all, his hearing was a very                    history—terribly imprudent, terribly                   closure notice, don’t leave your prop-
                                          good one. I commend it to those who                     irresponsible, terribly high risk—and                  erty. Get a lawyer. Because until you
                                          are listening to look at that RECORD.                   they leveraged the whole Republic.                     actually get your own note back, until
                                          We heard excellent testimony from not                     Mortgage firms will tell you that                    they piece it back together and you get
                                          one, but two panels of experts and peo-                 often the value of your mortgage, the                  your original loan, how do you know
                                          ple in the field. Yet, for me, and some                 underlying value of your home, was                     that you have signed a legal note?
                                          other Members, the day’s work was not                   really too small for their tastes. If                    What if you have a widow’s loan and
                                          complete yet, even though the last                      your house was only worth $50,000 or                   they cheated you? What if you had a
                                          votes of the week had been cast.                        $100,000, or even $250,000 for them that               predatory loan? Make sure you can get
                                            This takes me to my second round of                   is small potatoes. And what they want-                 your entire note back, and you need
                                          thank-you’s.     After    Representative                                                                       legal representation through your Fair
                                                                                                  ed to do was figure out a system where
                                          KANJORSKI’s hearing ended, multiple                                                                            Housing offices in order to do that.
                                                                                                  they could take lots of mortgage loans.
                                                                                                                                                           The castle that Wall Street built—
                                          members attended an informational                       And what they did was they took them                   and which it is defending now at all
                                          briefing in the Capitol with the two                    from all around the country, hundreds                  costs because it has made an enormous
                                          former Chairmen of the Federal De-                      and hundreds and hundreds of loans,                    amount of money. Some people have
                                          posit    Insurance   Corporation     who                and then they figured out what they                    made an enormous amount of money.
                                          helped America dig out from that big                    will do is they will take this mortgage                Some of those houses that securitized
                                          hole of the 1980s and that last banking                 loan, all these mortgage loans, and                    these loans, half of their profit went to
                                          crisis so we could learn from their ex-                 what they did was they sold them to-                   the executives in those companies.
                                          perience.                                               gether.                                                  What they have done has been at
                                            These crises were far larger than                       So what they did was they created                    great price to our Republic. The situa-
                                          what we faced at the beginning of this                  these instruments where they literally                 tion we face can right itself if the new
                                          one, but this one has been mishandled,                  put these loans together and then they                 President and if the leaders of this
                                          and every day it gets worse. So we have                 sent them up the line of command, and                  Congress listen to those Americans
                                          much to learn from them. Yet, lack of                   what Wall Street did, they said, Well,                 who have actually resolved serious
                                          appropriate resolution to date in our                   let’s see. What is that worth? Let’s                   banking crises before.
                                          current situation made their appear-                    take the risk out of this.                               To date, those voices have not been
                                          ance even more important.                                 So what they did was they took all                   allowed to rise because, in my opinion,
                                            I wish to thank Majority Leader                       these loans and they cut them up into                  Wall Street has too much power and
                                          STENY HOYER for his interest in this                    pieces. What they did was they broke                   they can block, just like in football,
                                          discussion, and I wish to thank Mr.                     the mortgage up into little pieces and                 there’s somebody that is the quarter-
                                          William Seidman and Mr. William                         then they took all of those pieces and                 back. They can carry that ball right
                                          Isaac for traveling here to the Capitol                 they packaged them—they mixed them                     down the field. But not without the
                                          to share their experiences, these two                   all up and they packaged them into a                   blockers being there. What is hap-
                                          amazing Americans who have so much                      security. Can you find your loan?                      pening is some of these important
                                          to say, and we thank them for their                       All of a sudden, your loan lost its in-              voices are being blocked by those who
                                          records as senior statesmen and as suc-                 dividual character. It’s sort of like the              have enormous power.
                                          cessful regulators who actually did                     walnut shell game. Where is your mort-                   Members of Congress must also re-
                                          something right to stabilize our ship of                gage in here?                                          member that we represent our con-
                                          State when it was so desperately need-                    Wall Street cannot unwind the secu-                  stituents and our communities. Their
                                          ed. We need to hear their voices more.                  rities that it has now even sold into                  votes got us here and their votes can
                                            Tonight, however, I am moderated in                   the international market. That’s why                   return us or not return us. Congress
                                          my optimism because of those meet-                      what’s happening is so hard to unwind.                 needs to get in and get dirty in solving
                                          ings last week and because of Treas-                    They bundled some really bad loans                     this problem, just like our predecessors
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                                          ury’s actions toward AIG. And I want                    where they had poor underwriting and                   did, and find the truth, whatever it
                                          to place on the record some of the fol-                 poor appraisal practices with very good                takes.
                                          lowing. AIG was the largest insurance                   loans. But when they cut them all up,                    We saw this begin last week at Rep-
                                          company in our country. It collapsed                    who knows where your loan really is,                   resentative KANJORSKI’s hearing. Con-
                                          last September due to its mega in-                      and the prudent oversight at the local                 gress needs to do what is right and not



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                 H3491
                                          what is easy. Congress doesn’t need to                  had over 1,200 miners was shut down,                     So now let’s just talk about the man-
                                          be cowardly. Our Nation and our citi-                   and it was shut down to meet the re-                   ufacturing sector. If you think that the
                                          zens expect no less than what Daniel                    quirements of the 90 amendments to                     manufacturing sector that is in this
                                          Webster’s quote says right up on that                   the Clean Air Act. So I find it very,                  economic malaise right now, you think
                                          wall, and that is ‘‘to do something in                  very difficult when my colleagues say                  it is better served with low energy
                                          our time and generation worthy to be                    there will be no effect. And we have                   costs or high energy costs? I think the
                                          remembered.’’                                           been very successful, I think, in this                 answer is clear: It is better served with
                                            It is far overdue for real banking re-                debate to highlight the reality that                   low energy costs. If our manufacturing
                                          form in this country and the return of                  people will lose jobs as we move to ad-                sector is completing against the likes
                                          financial power back to the American                    dress the climate regime. These guys                   of India and China in the manufac-
                                          people.                                                 and these ladies lost their jobs. This is              turing sector, do you think our manu-
                                            Mr. Speaker, I yield back my remain-                  one mine.                                              facturing sector is better served with
                                          ing time.                                                 I talked to an individual who was a                  higher costs versus the competitors of
                                                           f                                      business agent for the United Mine                     India and China? Of course they are
                                                                                                  Workers who told me, at one time be-                   not. But this Congress and this Presi-
                                                  CARBON TAX AND THE                              fore these acts were passed there were
                                                  PRESIDENT’S BUDGET                                                                                     dent is planning to threaten the eco-
                                                                                                  about 16,000 bargain members of the                    nomic vitality of this country on this
                                            The SPEAKER pro tempore (Ms.                          United Mine Workers in southern Illi-
                                                                                                                                                         cap-and-tax regime and put thousands
                                          KOSMAS). Under the Speaker’s an-                        nois. After this last legislation was
                                                                                                                                                         and thousands of people employed ei-
                                          nounced policy of January 6, 2009, the                  passed, he was reorganized into a
                                                                                                                                                         ther in the mines or in the power
                                          gentleman from Illinois (Mr. SHIMKUS)                   three-State region and he only was
                                                                                                                                                         plants or in the manufacturing sector
                                          is recognized for 60 minutes.                           working for at that time 4,000 miners.
                                            Mr. SHIMKUS. I come to the floor to-                                                                         out of work.
                                                                                                  So he went from 14,000 miners in south-                  And I am just going to end with this
                                          night—and I will be joined by a couple                  ern Illinois to 4,000 United Mine Work-
                                                                                                                                                         story, and then I will yield to my col-
                                          of my colleagues—to talk about the                      ers in a three-State region. There will
                                                                                                                                                         league from Minnesota. People say,
                                          President’s budget and the issue of the                 be definitely be effects, and it is the
                                                                                                                                                         well, you know, America has got to
                                          carbon tax proposed therein.                            blue-collar jobs, the working men and
                                            Part of the President’s budget sub-                                                                          lead. We have got to lead the folks
                                                                                                  women who have mined our coals.
                                          mission is $686 billion raised by a car-                  The historical importance of coal                    from India and China. I was in a bipar-
                                          bon tax. This poses a serious number of                 mining is part of the reason why many                  tisan meeting with senior Democrat
                                          questions, and I will highlight the his-                immigrant families found jobs when                     leaders talking to a senior Chinese offi-
                                          tory and then talk about how that ad-                   they moved here. I am a fourth-genera-                 cial; and I didn’t ask the question, two
                                          dresses a concern from, really, a large                 tion Lithuanian. My great grandfather                  of my democratic colleagues asked this
                                          part of this country, especially the                    came to this country and worked in the                 question. The question was: Will China
                                          Midwest.                                                coal mine. That story is told over and                 ever agree to an international cap-and-
                                            When the 1990 Clean Air Act passed                    over and over again and highlights the                 trade regime that is complied by the
                                          and was signed into law, a mining oper-                 importance of this debate. So you go                   worldwide organization?
                                          ation in my congressional district,                     from this coal mine, this operation to                   After answering both questions for
                                          Peabody Mine #10, which is located                      nothing, you go to this job loss, and                  about 15 minutes, the answer was the
                                          right here, a big facility, very efficient,             then you go to the last revenue for the                same, and this is a paraphrase. He said:
                                          and the great thing about this facility                 county.                                                You know, the United States and West-
                                          was that right across the street and                      Now, this is just one story that can                 ern Europe built their middle class by
                                          down the road was a coal-fired gener-                   be told over and over again in just my                 cheap fossil fuel use, and now it is our
                                          ating plant.                                            State, central Illinois, from central Il-              turn. Now it is our turn.
                                            So you have what you hear a lot of                    linois all the way down to the southern                  So for anyone who thinks that they
                                          people talk about today, a mine mouth                   tip, that story of miners losing their                 are going to comply just because we
                                          operation, where you have the coal lo-                  jobs. So that is why we come to this                   have now guttered ourselves and made
                                          cated underground and you have the                      debate. And we come fervently to talk                  ourselves less competitive and they are
                                          power plant on the surface. So you save                 about the challenges of a cap-and-trade                going to be goody two-shoes and going
                                          in the aspect of transportation either                  regime.                                                to join, they are wrong, and they are
                                          by rail or by truck.                                      In this country, the portfolio of en-                not understanding this other simple
                                            What happened under the Clean Air                     ergy, again, in this chamber the elec-                 fact. I think in January, more auto-
                                          Amendments of 1990 is what will hap-                    tricity produced is by a coal-fired                    mobiles were sold in China than in the
                                          pen as we move to a carbon-con-                         power plant just two blocks away from                  United States. They are only starting
                                          strained regime when we monetize car-                   here. The electricity generated in this                their era of fossil fuel use. They are not
                                          bon, is that in this process there will                 country is generated by 49 percent                     going to stop their era of fossil fuel
                                          be winners and losers. So I am coming                   coal. So just imagine that you take                    use. They are not going to comply with
                                          to the floor tonight to talk about who                  coal out of the equation. Now you have                 any international standards.
                                          these people are and why are they in                    current demand and you have less than                    So our pain, our job loss, our inabil-
                                          this debate. One of the most clearly                    half the amount of supply. And if you                  ity to get out of this recession or this
                                          identified losers in a cap-and-tax re-                  understand supply and demand, costs                    economic malaise is going to be held
                                          gime are the miners.                                    will then escalate. Who will that cost                 hostage to the fact that China is going
                                                                                                  escalate to? Well, it escalates to every-              to do nothing. We are going to tell our
                                                            b 1815                                body.                                                  blue-collar workers out there, yeah, we
                                            Now, we hear a lot about green jobs,                    We hear about the President is mak-                  are going to shut down this coal mine
                                          but I can guarantee you that the green                  ing work pay tax credit, the $300 to $400              in the hopes that we can encourage
                                          jobs created will in no way match the                   a year for an individual or the $700 for               China to join us? Are they kidding me?
                                          loss of the fossil fuel industry in this                a couple, that is for 95 percent of all                  So that is why we took to the floor.
                                          country. And when I say fossil fuel, I                  Americans, as he promised. But what                    There is a lot more to talk about. I ap-
                                          talk about all the fossil fuel regimes,                 he hasn’t been able to explain is how,                 preciate my colleague and friend from
                                          from coal to crude oil to natural gas.                  as he passes this cap-and-tax on to the                Minnesota for coming down, and I
                                          And we could go, as we talked about                     American public, he is going to tax ev-                would like to yield time to her.
                                          last fall oil shale, we could talk about                erybody, 100 percent, because we will                    Mrs. BACHMANN. I commend the
                                          the tar sands, vast resources of energy                 pay, the consumer will pay for the en-                 gentleman from Pennsylvania (Mr.
smartinez on PROD1PC64 with HOUSE




                                          which, through a climate change re-                     ergy used across the board, because en-                SHIMKUS) for all the work that he has
                                          gime, through a cap-and-tax provision,                  ergy is used in everything that we                     done, the tremendous work on energy.
                                          we could lose.                                          touch, we eat, we consume in this                      The energy fight that we all partici-
                                            Well, these guys lost out and ladies.                 country, and that cost will be passed                  pated in last summer when we talked
                                          This one mine in southern Illinois that                 on in higher costs.                                    about how we needed to adopt an all-of-



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                                          H3492                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                          the-above-energy standard so that we                    product and service in the United                      atmosphere, why not embrace nuclear
                                          can increase America’s energy supply,                   States. Why? Because think of any                      power? It produces zero emissions. We
                                          your leadership was exemplary on that                   commodity that somehow doesn’t have                    should be building nuclear power
                                          effort.                                                 energy attached to it. There isn’t one.                plants all across this country.
                                            We all remember how much fun that                       I hail from great State of Minnesota,                  I don’t want to take up all the time
                                          was last July 4, when we were all pay-                  Minnesota’s Sixth District. I will tell                here, and I would be happy to dialogue
                                          ing $4 and more a gallon, thinking that                 you one thing. When October hits in                    with my colleague. Again, I want to
                                          we were on our way to paying $6 a gal-                  Minnesota, you turn on your furnace,                   thank Mr. SHIMKUS, because Mr.
                                          lon, $8 a gallon. We had no idea where                  and your furnace stays on until April.                 SHIMKUS understands, unfortunately
                                          it would lead, because what we are see-                 Our furnace is still on in Minnesota. It               all too well personally in his own dis-
                                          ing was that the world was diminishing                  stays on. Energy is a fact of life. And                trict, what the cost has been when gov-
                                          its supply, raising its prices. And here                under this cap-and-tax system, we are                  ernment rolls the dice with people’s
                                          in the United States we adopted a pol-                  looking at a minimum 40 percent in-                    lives and thinks that they have come
                                          icy that was to not produce more                        crease in the monthly energy bill, the                 up with some grand new idea, but that
                                          American energy, and that constricted                   monthly electric bill, let alone the in-               grand new idea, as we have already
                                          and constrained the American public                     crease in the gas tax when you go to                   seen economists forecast, is a loss of at
                                          because they had less supply and they                   the gas station, let alone when you go                 minimum 1 million jobs. How could
                                          had to pay more money. This was not a                   to the grocery store the increase in                   America accommodate right now 1 mil-
                                          scenario that the American people                       taxation. We know this.                                lion more job losses because of this new
                                          were very happy about, and we can see                     As a matter of fact, we have some                    tax? I yield back.
                                          why.                                                    quotes from our President. We have a                     Mr. SHIMKUS. I think there is a
                                            Now, it is curious that under Presi-                  quote just a few days ago when the                     group that will have jobs in this re-
                                          dent Obama’s spending plan, and that                                                                           gime, and it is the Wall Street traders.
                                                                                                  President said that he wants to pass
                                          is what we talked about last week on                                                                             Mrs. BACHMANN. That’s right.
                                                                                                  this cap-and-tax system, but he said we
                                          the floor, that the President’s budget                                                                           Mr. SHIMKUS. The cap-and-tax re-
                                                                                                  may need to delay implementation
                                          spends too much, it taxes too much, it                                                                         gime, the cap-and-trade regime is
                                                                                                  until 2012. Why? Because our President
                                          borrows too much. All of this radical                                                                          predicated on the fact they are going
                                                                                                  said, in our current economic melt-
                                          historical level of spending is man-                                                                           to trade these carbon credits on a trad-
                                                                                                  down, we will not be able to afford a
                                          dating massive tax increases. Man-                                                                             ing floor. So we are going to allow
                                                                                                  cap-and-tax system. Well, we know
                                          dating.                                                                                                        folks like Goldman Sachs and Bear
                                            Just the stimulus plan alone, which                   something about our economy. We en-
                                                                                                  gage in business cycles where we have                  Stearns—my colleague from Ohio just
                                          we found doesn’t do anything to stimu-                                                                         left the floor talking about the demise
                                          late, was over $1 trillion in spending.                 good times and not so good times.
                                                                                                  What are we going to do, suspend this                  of the economy based upon shady ac-
                                          Then we saw after that a $410 billion
                                                                                                  tax in not so good times? The Presi-                   tions. My colleagues on the other side
                                          budget bill which included almost 9,000
                                                                                                  dent by his own words is admitting this                who are on the floor are always throw-
                                          earmarks. And our President, who said
                                                                                                  will harm our economic future.                         ing bombs at the New York Mercantile
                                          he would not sign a bill with earmarks,
                                                                                                    In fact, when President Obama was                    Exchange and these traders, the people
                                          signed a bill loaded with earmarks, and
                                                                                                  running for President, he said, and I                  who trade these instruments on the
                                          he did it behind a closed door where no
                                                                                                  quote, ‘‘What I said is that we would                  floor. This is a way for rich people to
                                          cameras were present. And sandwiched
                                                                                                  put a cap-and-trade system in place                    get richer, when you have a trading
                                          in between all that massive spending
                                                                                                  that is more, that is as aggressive if                 floor for carbon.
                                          was a fiscal responsibility summit.
                                                                                                  not more aggressive than anybody                         If my colleagues on the other side
                                          Now, that was a little humorous to me,
                                                                                                  else’s out there.’’ So if somebody wants               were intellectually honest, and I don’t
                                          but now here we are today talking
                                                                                                  to build a coal powered plant, they can.               think they are being intellectually
                                          about the budget.
                                            Moving forward. This historic level of                It is just that they will bankrupt them,               honest, they would say, let’s outright
                                          spending, $3.7 trillion, where will the                 because they are going to be charged a                 cap, let’s tax carbon emissions. Let’s
                                          money come? Where will the money                        huge sum for all that greenhouse gas                   put a monetary amount on the carbon
                                          come from to fund all of this massive                   that is being emitted.                                 emission, and let’s make it transparent
                                          spending? I can guarantee to the Amer-                    And then he want on to say, ‘‘When I                 so the public understands how much
                                          ican people, there is no vault back here                was asked earlier about the issue of                   they are going to pay to try to miti-
                                          in the Capitol filled with wrapped $100                 coal, uh, you know, under my plan of a                 gate carbon use. But they can’t go that
                                          bills. There is no money here. There is                 cap-and-trade system, electricity rates                route because they can’t be intellectu-
                                          no money tree out on the Capitol lawn                   would necessarily skyrocket.’’                         ally honest in this debate because they
                                          that produces money every morning                         Coal is the number one energy elec-                  know the public will not accept the in-
                                          that we can shake and go gather that                    tricity producer in the United States,                 crease in energy cost and the job losses
                                          money up and spend on all these pro-                    and we have coal in abundance in this                  that are going to incur. So what do
                                          grams, socialized medicine, all the pro-                country. Coal isn’t evil. Oil isn’t evil.              they do? They package this cap-and-
                                          grams that the President is envi-                       Natural gas isn’t evil. It has given us                trade trading floor scheme. And the
                                          sioning. So where will we go to get this                the energy to fuel the greatest econ-                  same people they vilify, the Wall
                                          money?                                                  omy that has ever been known in the                    Street traders, are the people they are
                                            To fuel this radical historic level of                history of man. And I fear that what                   holding up saying, oh, no, but this sys-
                                          spending, we are looking at the system                  we will be seeing is the demise of the                 tem is going to work fine.
                                          that Mr. SHIMKUS has spoken of so                       American economy if we tie cement                        So, this carbon tax, I pulled this out,
                                          well, and it is the cap-and-trade sys-                  blocks onto the coal, oil, and natural                 this is the President’s ‘‘making work
                                          tem, which we all know now is a sub-                    gas industry. And I fear even the                      pay tax credit.’’ I think we are being
                                          terfuge for an energy tax. This is a                    biofuel industry will be negatively im-                generous saying it is $800. I think it is
                                          massive tax. And just as our President                  pacted, the solar and wind industries I                about $700. The impact of a cap-and-tax
                                          stood right here in this room several                   think also will be negatively impacted,                provision as proposed in the budget is
                                          weeks ago and looked into the camera                    because we need to have money in pri-                  $1,600 per individual. So the net loss to
                                          and said to the American people: 95                     vate hands to be able to create these                  the individual, the household and the
                                          percent of the American people will                     new, wonderful alternative forms of en-                family is $800. We are in the hole. We
                                          pay no increase in taxation. And that                   ergy that we need to have in the                       are not making money on this deal. We
                                          absolutely is not true. We know it, be-                                                                        are behind.
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                                                                                                  United States. We want to see more nu-
                                          cause during the course of those re-                    clear powered plants, zero emissions.                    Who is going to determine where this
                                          marks he said he wants to pass a cap-                                                                          money goes to? The story I like to tell
                                          and-trade system.                                                        b 1830                                is that it is like the bank robbers. They
                                            What will cap-and-trade do? It will                     Now, if the President is truly worried               rob the bank. They go to the hideout.
                                          increase the price of almost every                      about the emissions problem into our                   And they put the loot on the table. And



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                H3493
                                          where do the real fights begin? The                     and simple, is a big government at-                    family per year. That is not my esti-
                                          fights begin as to how they are trying                  tempt to reach into Americans’ pock-                   mate. It is not Mr. SHIMKUS’ estimate.
                                          to split the proceeds. What is going on                 ets, pull more money out, bring it to                  That is the estimate from researchers
                                          here in Washington now is my friends                    Washington, DC, to empower the Fed-                    at MIT as they look at this. And CBO,
                                          on the other side are trying to buy off                 eral Government so they can decide to                  the Congressional Budget Office, also
                                          votes to pass this regime promising                     do what they want to do with the                       warns us of the burden that this is
                                          this largess, which is a tax increase                   American people’s money.                               going to place on our middle income
                                          paid for by us, saying, ‘‘don’t worry,                    I would yield back.                                  and our working families here in this
                                          you will get your share.’’ It is just like                Mr. SHIMKUS. I appreciate that                       country.
                                          the bank robbers. And that is why I’m                   comment. That is really the irony of                     Many of my constituents are saying,
                                          so angry about it.                                      this whole debate. If all this money                   ‘‘what in the world is a cap-and-trade,
                                            I yield to my colleague from Min-                     was going to go to mitigate carbon                     or what is a cap-and-tax?’’ And they
                                          nesota.                                                 emissions or to help us adjust to this                 are asking about how this would go
                                            Mrs. BACHMANN. I thank you for                        change, you may get some people, even                  about. And they can’t believe that with
                                          yielding.                                               though I still don’t agree with it, who                the greenhouse gasses and the carbon
                                            When we are looking at the money                      would say, okay, we know where it is                   emissions that you would have to go in
                                          and where all of this massive amount                    going. But the fact that this money is                 and buy permits to use this. Indeed,
                                          of money will be spent, again, the                      going to go to grow government just                    our agricultural community is very
                                          placeholder in the President’s budget is                shows you the problem they have with                   concerned about this because what we
                                          $646 billion. But we are told that is                   the real debate of what the real reason                are hearing from our friends across the
                                          maybe one-third of the true amount of                   is that this cap-and-tax regime is being               aisle is that there would be a tax on
                                          revenue that will be generated. Now                     initiated.                                             every head of cattle. There would be a
                                          just think, that is between $1.5 and $2                   I’m happy to be joined by my col-                    tax on every pig. What is that going to
                                          trillion in new taxation. That is just                  league from Tennessee, Congress-                       do? It is going to increase the cost of
                                          one new taxation burden on the Amer-                    woman BLACKBURN. Thanks for coming                     the food that you eat.
                                          ican people. And the President has al-                  down.                                                    We know that it doesn’t stop there,
                                          ready indicated that he may be using                      Mrs. BLACKBURN. It is so good to be                  and the taxing doesn’t stop there. The
                                          that money not to build new nuclear                     with you. I thank the gentleman for                    gentleman has talked some about coal
                                          power plants, which would have zero                     his leadership on this issue. You have                 and clean coal technologies. He has
                                          emissions, but to redistribute the                      just been a stalwart on this.                          talked about nuclear power and the im-
                                          wealth, as he is wont to do, with pay-                    As we have looked at what it takes                   portance of having that in our strategy
                                          ing for socialized medicine. So we are                  to address the energy needs of our Na-                 of how we solve this problem. What is
                                          going to embrace a socialistic view of                  tion and how we should go about that,                  the best way to take action? Of course,
                                          socialized medicine for the American                    of course, we all know that one of the                 we know that it is going to be more dif-
                                          people which will further be a burden                   things we have to do is look at all of                 ficult for our electric power generators
                                          on the American people.                                 the above. And we began talking about                  to generate the electricity that we are
                                            I just wanted to go back on your pre-                 this last year and spent some time                     going to need. We know that for any-
                                          vious comments on China. There is an                    talking about that we needed an all-of-                one that works or deals with hydro-
                                          article in today’s Washington Times                     the-above strategy to make certain                     carbons, it is going to drive their costs
                                          newspaper. Open up the inside of the                    that we addressed every component                      up. Certainly our trucking and logis-
                                          paper. It said this regarding China,                    that was out there, every possibility                  tics companies are going to see incred-
                                          China made the comment that they                        that was going to be held. It is an                    ible increases in taxes. All of that
                                          will not be engaging in a cap-and-trade                 honor to serve on the Energy and Com-                  doesn’t get equated and rolled into the
                                          system. They won’t be engaging in re-                   merce Committee with the gentleman                     $3,128 per family that this would cost.
                                          ducing their own emissions. Why? Be-                    from Illinois. It is also an honor to                  These are all additional costs that
                                          cause they said the United States are                   work with the Select Committee on                      would be seen in the increased cost of
                                          the consumers of products. Japan is                     Energy Independence. We know that                      commodities that everyone is going to
                                          the producers of products. They said,                   this is a direction where we need to                   have to pay.
                                          with a straight face, ‘‘as the producers                move towards energy independence. We                     Now, one of the things that I have
                                          of products, we aren’t the ones who are                 know that we need to do this in a                      thought was, it’s really quite curious,
                                          truly generating the emissions, it is                   thoughtful way. We also know that we                   in all of this discussion, we all know
                                          the consumers.’’ Now they are ignoring                  need to do this without raising taxes                  that the best economic stimulus is a
                                          the fact that they probably have one of                 on the American people. Certainly that                 job. And you can’t go anywhere right
                                          the largest pools of consumers in the                   is possible.                                           now without hearing about the econ-
                                          world.                                                    As the gentleman and my colleague                    omy. We all are worried about the re-
                                            They have no intention of paying                      from Minnesota were both saying, the                   cession and the length of the recession.
                                          this tax. And if you would give Al Gore                 taxes that are out there are of tremen-                We are worried about how we can ener-
                                          and the people who are embracing the                    dous concern to us. I appreciate the                   gize this economy. We know the best
                                          whole global warming narrative, if you                  poster that the gentleman has where it                 economic stimulus is a job. And we
                                          would give them every aspect of what                    shows what it is going to cost every                   know that the stimulus plans and the
                                          they believe, if you presume every                      family for this cap-and-tax scheme                     budget, all these ideas that have come
                                          premise they believe, and if the United                 that the Democrat leadership is want-                  from the Democrat side of the aisle,
                                          States would implement all of their                     ing to put in place. The MIT research-                 they tax too much, they borrow too
                                          radical ideas, all of this cap and tax,                 ers feel that this tax is going to end up              much, and they spend too much. We all
                                          let’s say we did everything, gave it all                being $3,100 per family. That is some-                 recognize this. But jobs growth is one
                                          to them, what would we produce in                       thing that is going to far exceed even                 of the things that we have focused on.
                                          lowering emissions? By their own num-                   the $1,600 that we see there.                          Certainly with pushing the stimulus,
                                          bers, it shows that we would be reduc-                    It basically is a tax every time you                 we heard from the administration and
                                          ing emissions by the year 2095—which                    turn on the light switch, every time                   the Democrat leadership, well, it was
                                          is a long time from now—by less than                    you plug in the coffee pot and every                   going to create 3 or 4 million new jobs.
                                          1 percent. That is a negligible amount.                 time you turn on the computer. Every                   Well, as we have looked at this cap-
                                          And we know that China is going to                      single time you go to use any energy                   and-tax proposal alone, just that por-
                                          continue to grow as a manufacturer.                     source, you are going to be paying a                   tion of it, not looking at any other por-
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                                          India will continue to grow. Their                      tax. That means if you freeze your                     tion of it, we have seen that there are
                                          emissions will overtake any savings                     food, you’re going to pay more. If you                 estimates that have come to us from
                                          the United States would possibly have.                  cook your food, you’re going to pay                    CBO that the cap and tax could cost us
                                            So we need to recognize the truth of                  more. Everything you use is going to                   as many as 3 or 4 million jobs. So put-
                                          what cap and tax is. Cap and tax, pure                  end up costing you more, $3,128 per                    ting this tax in place in the budget



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                                          H3494                                             CONGRESSIONAL RECORD — HOUSE                                                      March 17, 2009
                                          would negate all the jobs that they                     the rate of taxation and spurring eco-                   Mrs. BLACKBURN. If the gentleman
                                          think they would create by going                        nomic growth is good for Main Street,                  would yield, I wish you would read that
                                          through the stimulus and the money                      it is good for the American people, and                quote one more time because as we
                                          that they have put out there in the                     it is good for our GDP and for our gov-                talk about renewables and the renew-
                                          form of spending.                                       ernment and our economy.                               able standards that are being placed
                                            Also, I think that there has been                       Mr. SHIMKUS. I thank my colleague.                   out there that would be so harmful to
                                          much discussion about green jobs, and                   I think the answer is they have got                    our electric power generators, I think
                                          would this proposal create new green                    such a large majority on their side of                 this is very important.
                                          jobs? There is a good bit of study on                   the aisle that this is the time to pass                  Mr. SHIMKUS. Before I read it again,
                                          this from Heritage Foundation and                       it. It is a religion now. It doesn’t have              the fact that in the renewable fuels de-
                                          some others that say, no, such a pro-                   to be based on facts or the time that is               bate, there is a debate upon calculation
                                          posal would actually reduce economic                    at hand. We can impose an additional                   of the use of land which the EPA is
                                          growth, reduce the gross domestic                       burden on business and manufacturing                   going into. So if you are using bio-die-
                                          product and reduce employment oppor-                    and electricity generation. We can im-                 sel, soy-diesel, they want to say if you
                                          tunities. So for those of us who look at                pose an additional burden on the                       produce soybeans, that encourages the
                                          this as an issue of how we recover,                     household, but that doesn’t matter.                    Brazilians to go into the rainforest and
                                          what are the steps we take for this                     But it is going to matter because even                 so we want to mitigate that loss of the
                                          economy to recover, how do we reduce                    in the analysis of the Warner-                         ability to sequester carbon in the rain
                                          the tax burden, and then we look at the                 Lieberman bill, we are talking about                   forest, so we are going to say no to re-
                                                                                                  thousands of jobs. And that, by the                    newable fuels.
                                          analysis not from you and me, but
                                                                                                                                                           But here is from the inaugural ad-
                                          from outside entities, we see that this                 Henry Waxman model, that is a mod-
                                                                                                                                                         dress. ‘‘We will harness the sun and the
                                          cap-and-tax scheme would be some-                       erate bill. An analysis was done on
                                                                                                                                                         winds and the soil to fuel our cars and
                                          thing that would be a jobs killer and a                 that bill, and it was summarily dis-                   run our factories.’’ Now I am a big re-
                                          reduction in the gross domestic prod-                   missed on the floor of the Senate. Why?                newable fuels guy. I like ethanol and I
                                          uct of our Nation.                                      Because it was a job killer, a job de-                 like bio-diesel. I think the thing that
                                            And I yield back to the gentleman                     stroyer.                                               really stood out for me is ‘‘run our fac-
                                          from Illinois.                                            So on this side we are rushing, like                 tories.’’
                                            Mr. SHIMKUS. I wonder if my col-                      we are rushing all legislation, to move                  The stats I use are this. I just ask for
                                          league would stay for a minute and                      a cap-and-tax bill by Memorial Day                     one steel mill. I take a steel mill that
                                          just go into a little dialogue as to in an              which will be even more egregious than                 uses 545 million kilowatts a year. It
                                          economic decline, where we are fight-                   the Warner-Lieberman bill which pro-                   would require roughly 138 wind tur-
                                          ing for every job, why would we put an                  jected thousands of jobs lost. It is a re-             bines on roughly 12,443 acres of land for
                                          additional burden on our manufac-                       ligion that has to have service now                    that total output. However, during
                                          turing sector and the average Amer-                     versus the needs of our citizens.                      peak load at the steel mill, it requires
                                          ican citizen in the aspect of raising                     You know, here is the tax increase.                  100,000 kilowatts. For that you would
                                          taxes? Why? It just doesn’t seem sen-                   Here is the mine that was shut down.                   need roughly 825 turbines on 33,000
                                          sible when you need to get the jobs to                  Here are the coal miners that lost their               acres of land to account for peak load.
                                          get the economy moving again. What                      jobs. You were at the hearing. We had                  Now that is just one steel plant that
                                          do you think is going on?                               the Ohio Coal Association testify.                     may be close to me. Now add to that
                                                                                                  When I talked about the environmental                  the second steel mill and add to that
                                                            b 1845
                                                                                                  impact and the loss of these jobs, do                  the refinery. What we are trying to do
                                            Mrs. BLACKBURN. Well, my con-                         you remember how many jobs Ohio                        in this process is help educate the peo-
                                          stituents ask this regularly, and I have                lost? They lost 36,000 coal miner jobs in              ple. Right now 1.6 percent of our elec-
                                          had an opportunity this week to meet                    the State of Ohio. That is why some of                 tricity is generated by renewables. So
                                          with some of my constituents who are                    my colleagues on the other side in the                 let’s double it. That’s a good goal. So
                                          in the auto manufacturing industry                      other body voted no.                                   3.2 percent of the energy would then be
                                          and who work in logistics. Their ques-                    Fossil fuel, here are some basic facts.              by renewables. You are still going to
                                          tion is always what in the world do                     When we came on the floor during the                   have 50 percent coal, 20 percent nu-
                                          people in Washington think they are                     energy debate, we said all of the above.               clear, 20 percent hydro. It is still going
                                          doing? Are they that removed from                       In our Commerce hearing, there was a                   to be part of the electricity generation
                                          what is happening in our communities?                   proposal given to one of the panelists,                mix, and a critical part if we want low-
                                          Do they not understand how jobs                         if we allowed the company to shut                      cost energy.
                                          growth takes place?                                     down the coal-fired power plant and                      Mrs. BLACKBURN. If the gentleman
                                            You’ve got to have some incentives                    they built a nuclear power plant, would                will yield, I hope you will put those fig-
                                          there for jobs growth to take place.                    they get some of these credits because                 ures on the amount of space it would
                                          Certainly, it seems there is a dis-                     they are going from emitting some to                   take for the wind turbines and other
                                          connect here.                                           emitting none. The answer was no.                      components to fuel one steel factory. I
                                            My constituents know you cannot                         We were looking around asking, Isn’t                 would imagine your research also
                                          spend your way to recovery, and you                     that why you are proposing this? Don’t                 shows that one steel factory probably
                                          cannot build recovery on a foundation                   you understand that we still need elec-                has one power generation area, and it
                                          of debt. They absolutely understand                     tricity, a 30 percent increase in the                  would be interesting to see the amount
                                          that. And they are very concerned that                  next 20 years. I have a teenage son. I                 of acreage required for that. But I
                                          in the midst of this recession, which                   have told the story numerous times. At                 would encourage the gentleman to put
                                          troubles us all, and as you look at the                 home I go down to the basement, he is                  this on his Website so that constitu-
                                          jobs loss that is taking place, the                     watching cable TV, he has his iPod in                  ents of ours who are listening to this
                                          amount of jobs loss that has taken                      and he is surfing on the wireless Inter-               debate can pull those down because
                                          place the first quarter of this year, we                net; three times the amount of elec-                   what we are hearing is as people have
                                          know that to increase taxes, you can                    tricity. That is what America is today.                moved to growing corn and growing
                                          go back and look time and again at                        The demand is going up and we are                    products to make renewable fuels and
                                          how things have taken place through                     going to stop the production of elec-                  ethanol and the bio-diesels, but espe-
                                          our history. Certainly you can look at                  tricity, and then people talk about re-                cially the ethanol, we are hearing of
                                          the late seventies. If you want a recent                newables. Let me quote the President,                  food shortages in some areas because
                                          example, look at what transpired in                     and I use this one quite a bit. This is                corn is not being used for food. And
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                                          1977, 1978, 1979 and 1980, I was a young                from his inaugural address. ‘‘We will                  certainly Haiti and some other coun-
                                          mom at that point in time, 13 percent                   harness the sun and the winds and the                  tries that have food shortages, we have
                                          mortgage on homes, 20 percent infla-                    soil to fuel our cars and run our fac-                 that documented evidence that shows
                                          tion. Raising taxes in a recession does                 tories.’’ No, we won’t. There is no pos-               that there is a need to move that pro-
                                          not work. We do know that lowering                      sible way.                                             duction into the food arena and not



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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                 H3495
                                          necessarily into the ethanol area be-                     ‘‘ ‘In climate, when this happens, the                 Then, in this case, the coal-to-liquid
                                          cause of the food shortages that are ex-                climate state changes. You go from a                   debate is a national security issue. We
                                          isting in this world today. And cer-                    cooling regime to a warming regime or                  have in the United States an Air Force
                                          tainly also because of the subsidies                    a warming regime to a cooling regime.                  base where coal-to-liquid has been test-
                                          that are required to make ethanol af-                   This way we were able to explain all of                ed to be used in Air Force planes. This
                                          fordable and to get the amount of en-                   the fluctuations in the global tempera-                is what the Department of Defense
                                          ergy that is used in producing a gallon                 ture trend in the past century,’ Tsonis                wants for national security purposes to
                                          of ethanol, to get that down.                           said. ‘The research team that sound                    not be held captive to imported crude
                                            Certainly research and innovation                     the warming trend of the past 30 years                 oil. This proposal, and proposals like
                                          will help us with the renewables, but                   has stopped and in fact global tempera-                this, are dead on arrival here in Wash-
                                          we are not to the point where this can                  tures have leveled off since 2001.’ The                ington. Why are they dead on arrival?
                                          become the primary source of our elec-                  most recent climate shift probably oc-                 They are dead on arrival because of
                                          tricity, or it is going to shut down our                curred at about the year 2000.’’                       this carbon tax provision, this carbon
                                          manufacturing, our productivity, the                      That is why the climate-change ac-                   tax regime.
                                          movement of our transportation fuels,                   tivists and those who promote the car-                   Again, I want to be clear; if my col-
                                          the use of transportation fuels, the                    bon tax regime, that is why they are so                leagues on the other side want to be in-
                                          movement of products and commod-                        befuddled and they want to move this                   tellectually honest, let’s just tax it,
                                          ities around our country, and the abil-                 quickly because what has happened to                   know how much we’re going to receive,
                                          ity of people to be able to go from one                 the temperatures over the last 7 years?                and watch the pure transparency of the
                                          area of the country to another in a rea-                Has it gone up? No, it hasn’t. The aver-               money going from the payees to the
                                          sonable amount of time.                                 age temperature has gone down, and                     government, who is going to pay up. It
                                            It is something that is of tremendous                 since it has gone down, it has got them                is not the best solution, but it is better
                                          concern to us because as I said earlier,                very frustrated on how they are going                  than setting up a trading floor, like so
                                          the best economic stimulus is a job.                    to sell this cap-and-tax regime to the                 many that have been demagogued on
                                          And all of the outside research and the                 public.                                                this floor, of the rich getting richer by
                                          data we have been able to compile                                                                              working the trading floor markets—the
                                                                                                                    b 1900                               Bear Stearns of the world, the Gold-
                                          shows that this is not going to create
                                          jobs, it is going to cost us, and there is                Madam Speaker, I would like to sub-                  man Sachs of the world, the NYMEXs
                                          going to be a negative impact on our                    mit for the RECORD these two articles                  of the world. And hopefully this will
                                          GDP.                                                    for submission with this Special Order.                not get passed and signed into law, but
                                            I yield back to the gentleman.                          Madam Speaker, in the fall of last                   I know that if it will, my friends will
                                            Mr. SHIMKUS. I thank my colleague                     year, we really made a concerted effort                be down here arguing and complaining
                                          from Tennessee for joining me. Many                     to talk about the energy needs of this                 about the people who are manipulating
                                          States have power companies. I am for-                  country, and we brought to the floor                   that market. And that manipulation is
                                          tunate to have some that aren’t for                     the basic debate that we wanted a                      going to cause costs to increase. And
                                          profit. They are rural electric coops,                  more-of-the-above strategy. We wanted                  there is going to be a lot of wealthy
                                          like the Illinois Municipal Electrical                  to incentivize coal, we wanted to                      people making a lot of money on a car-
                                          Association. So their ratepayers are                    incentivize nuclear power, we wanted                   bon tax regime, and it is going to cost
                                          their constituents, so the elected offi-                to incentivize wind and solar, renew-                  many thousands of people their jobs.
                                          cials are running this electricity gener-               ables, and we wanted them to compete                     In a slow economy, when you are try-
                                          ating and operation and distribution                    for the public’s demand based upon                     ing to encourage job creation, job de-
                                          system for the people who vote for                      cost so that you would create jobs.                    velopment, the best way to be competi-
                                          them.                                                     I brought this chart to the floor nu-                tive is to have low-cost energy. When
                                            They have made themselves pretty                      merous times over the last Congress to                 only 1.6 percent of your electricity in
                                          clear that this cap-and-tax regime will                 point out the fallacy of not having an                 this country is generated by renew-
                                          create a huge tax burden on the people                  all-of-the-above strategy. And why I                   ables, you have to understand that you
                                          who vote for them.                                      bring this up now is that this cap-and-                are not going to get to 90 percent of
                                            I have some stats that were sent to                   tax regime will not help this all-of-the-              your electricity being generated by re-
                                          me. The Illinois Municipal Electric As-                 above strategy, will not broaden the                   newables. If we are good, we may get to
                                          sociation revenue requirements, with-                   portfolio of fuels that we are able to                 3.2. If we are extremely good, we may
                                          out allowances in 2015 are approxi-                     use and compete for. It will restrict                  get to five.
                                          mately $320 million, or $60 per mega-                   them to a point where we are going to                    So that begs the question of where
                                          watt. The cost with allowances at $20                   price ourselves out of the ability to use              the other electricity is being gen-
                                          per ton is $510 million.                                fuels.                                                 erated. If we want low-cost power, it
                                            This is additional cost incurred to                     This chart is pretty clear; it just                  has to be with the use of recoverable
                                          the utility that has not been planned                   shows jobs being created in a—I wish it                coal in our Midwest States and our
                                          for. When you have an additional cost                   was a coal mine that is about 3,000 feet               northwestern mountainous States that
                                          and you are providing a service or a                    under the ground in southern Illinois,                 have, arguably—this country has, argu-
                                          good, business, whether it is profitable,               but it is an open mine probably in the                 ably, 240 years of recoverable coal.
                                          for profit or not for profit, will cost                 Wyoming basin in Montana or Wyo-                       That is coal that we can recover and
                                          will pass that cost on to the consumer.                 ming. And you see people working, re-                  use for practice. Now, we have a lot
                                          That’s where we make this claim that                    covering the coal. Recoverable coal.                   more, but that is the amount that we
                                          a cap-and-tax regime will raise taxes                     Then you take that mine and you                      know that we can recover and still
                                          on the individual and it will cost jobs.                move it to a coal-to-liquid refinery.                  make money on it because their coal
                                            One of my colleagues talked about                     The jobs to build this refinery would be               seams are big enough, you can engineer
                                          this article in the paper today, ‘‘China:               good-paying, building trade jobs. We                   it and the like.
                                          Importers Need to Share Blame for                       have an expansion of an oil refinery in                  Madam Speaker, I appreciate this op-
                                          Emissions,’’ and it basically says that                 my district. Right now, in this eco-                   portunity. I have been talking about
                                          global warming would not require                        nomic decline, 1,000 jobs are being cre-               energy for many years now on the
                                          China to reduce emissions caused by                     ated to expand this refinery. That’s the               floor. In the Energy and Commerce
                                          goods manufactured there to meet de-                    type of jobs you could have by building                Committee, we have had numerous
                                          mand elsewhere. The basic premise is                    a coal-to-liquid refinery.                             hearings on climate change and how to
                                          that it is the people who are pur-                        Then, wherever this refinery is lo-                  address this.
                                          chasing the goods who will pay for any                  cated, you then develop a pipeline. I                    You will hear the terminology of cap-
smartinez on PROD1PC64 with HOUSE




                                          burden increase.                                        saw a natural gas pipeline being laid                  and-trade. Remember that the trading
                                            Another story, ‘‘University of Wis-                   from my district last fall. It takes a lot             floor, which people will buy credits,
                                          consin-Milwaukee Study Could Realign                    of skilled labor, a lot of time, and a lot             those purchases of credits will raise the
                                          Climate Change Theory,’’ and I want to                  of patience to move a pipeline. And                    costs of people who use energy—wheth-
                                          quote one paragraph.                                    that is good-paying American jobs.                     er they are truck drivers, whether they



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                                          H3496                                             CONGRESSIONAL RECORD — HOUSE                                                         March 17, 2009
                                          are people who manufacture goods and                      And so I want to walk away from this                 gotiations unit at the European Commission.
                                          services and use a lot of electricity,                  debate—hopefully I’ll win, but I want                  Runge-Metzger said that if China’s approach
                                          you name it, you buy it, there is going                 to walk away from this debate saying,                  were adopted, it would require allowing
                                                                                                                                                         other countries to have jurisdiction and leg-
                                          to be an added cost to that good or that                it is for these folks that I came down
                                                                                                                                                         islative powers to control emissions outside
                                          service based upon climate change.                      to fight. I know my colleagues on the                  their borders.
                                          That money will then go to the table                    other side, those who even disagree
                                                                                                                                                           Li was joined by Vice Chairman Xie
                                          to be split up by legislation that we                   with the basic premise I think will ap-                Zhenhua of the National Development and
                                          pass here.                                              preciate the emotion and the fervor                    Reform Commission in his visit to Wash-
                                            I would just hope that, first of all, we              that I am going to bring to this.                      ington.
                                          don’t do that; but if we do, that that                    [From the Indianapolis Star, Mar. 16, 2009]            Xie met with U.S. climate envoy Todd
                                          money goes to mitigate the loss of jobs                 CHINA: IMPORTERS NEED TO SHARE BLAME FOR               Stern at the State Department on Monday.
                                          or the increased cost to the individual                                     EMISSIONS                          The talks in Copenhagen were among the
                                          consumer, not to grow government, not                                  (By Dina Cappiello)                     topics discussed, said State Department
                                          to create new policies. That money has                     WASHINGTON (AP).— Countries buying Chi-             spokesman Robert Wood.
                                          to go to transform this Nation. I fear it               nese goods should be held responsible for the            ‘‘There’s a willingness, particularly on the
                                          will not. I fear it will not do the job.                heat-trapping gases released during manu-              Chinese side, to really engage on the subject
                                            My friend from Iowa is here. I only                   facturing in China, one of its top officials           of climate change, and we welcome that,’’
                                          have a couple minutes. If he would like                 said Monday.                                           Wood said.
                                          to join me, I would be happy to hear                       The argument could place an even greater
                                          any comments he wants to add.                           burden on the U.S. for reducing pollution
                                                                                                  blamed for global warming.                             UW—MILWAUKEE STUDY COULD REALIGN CLI-
                                            Mr. KING of Iowa. I thank the gen-                                                                            MATE CHANGE THEORY—SCIENTISTS CLAIM
                                                                                                     Li Gao, China’s chief climate negotiator,
                                          tleman from Illinois. I appreciate the                                                                          EARTH IS UNDERGOING NATURAL CLIMATE
                                                                                                  said that any fair international agreement
                                          recognition.                                            to curb the gases blamed for global warming             SHIFT
                                            I wanted to come down here and                        would not require China to reduce emissions
                                          thank JOHN SHIMKUS for leading on en-                                                                            MILWAUKEE.—The bitter cold and record
                                                                                                  caused by goods manufactured there to meet             snowfalls from two wicked winters are caus-
                                          ergy all summer long with an intense                    demand elsewhere.                                      ing people to ask if the global climate is
                                          effort, and for standing up for the fuel                   China has surpassed the U.S. as the world’s         truly changing.
                                          that means so much to the parts of this                 largest emitter of greenhouse gases. But 15
                                                                                                  to 25 percent of its emissions are generated             The climate is known to be variable and, in
                                          country, this massive supply of coal                                                                           recent years, more scientific thought and re-
                                          that we have, as a big piece of the en-                 by manufacturing goods for export, Li said.
                                                                                                     ‘‘As one of the developing countries, we are        search has been focused on the global tem-
                                          tire picture of energy that we need to                                                                         perature and how humanity might be influ-
                                                                                                  at the low end of the production line for the
                                          do.                                                     global economy. We produce products and                encing it.
                                            What happens if they put this cap-                    these products are consumed by other coun-               However, a new study by the University of
                                          and-tax on us? We are going to need                     tries. . . . This share of emissions should be         Wisconsin-Milwaukee could turn the climate
                                          more and more articulate voices to de-                  taken by the consumers, but not the pro-               change world upside down.
                                          fend our values and to defend our econ-                 ducers,’’ Li said during a briefing at the Cap-          Scientists at the university used a math
                                          omy. And the very idea that we can put                  itol’s visitor center.                                 application known as synchronized chaos
                                          a tax on energy is a tax on every con-                     Li directs the climate changes department           and applied it to climate data taken over the
                                          sumer, it is a tax on our economy, it                   at the National Development and Reform                 past 100 years.
                                                                                                  Commission and was in Washington, along
                                          shrinks the American economy, and it                                                                             ‘‘Imagine that you have four synchronized
                                                                                                  with negotiators from other countries, to
                                          lets the rest of the world out-compete                  meet with Obama administration officials.              swimmers and they are not holding hands
                                          us. And I just appreciate a minute to                   President Barack Obama has indicated a                 and they do their program and everything is
                                          say so. I thank you. And congratula-                    willingness to enter into a global agreement           fine; now, if they begin to hold hands and
                                          tions to the gentleman from Illinois. I                 to reduce greenhouse gases.                            hold hands tightly, most likely a slight error
                                          yield back.                                                But China’s stance could be one of the              will destroy the synchronization. Well, we
                                            Mr. SHIMKUS. I thank my colleague.                    stumbling blocks facing the U.S., China’s              applied the same analogy to climate,’’ re-
                                                                                                  largest trading partner, when negotiations             searcher Dr. Anastasios Tsonis said.
                                          And I think even my colleagues on the
                                          other side will understand the kind of                  to broker a new international treaty begin in            Scientists said that the air and ocean sys-
                                                                                                  Copenhagen in December. Li said China was              tems of the earth are now showing signs of
                                          sincerity I bring to this debate. Be-
                                                                                                  not alone in thinking that emissions gen-              synchronizing with each other.
                                          cause in 1992, I was at a rally to save                 erated by the production of exports should be
                                          these coal miner jobs. It was at the                                                                             Eventually, the systems begin to couple
                                                                                                  dealt with by importing countries.                     and the synchronous state is destroyed, lead-
                                          Christian County Fairgrounds. This                         Li also criticized proposals by the U.S. to         ing to a climate shift.
                                          mine was closed because of the Clean                    place carbon tariffs on goods imported from
                                                                                                                                                           ‘‘In climate, when this happens, the cli-
                                          Air Act Amendments of 1990. They                        countries that do not limit the gases blamed
                                                                                                  for global warming. Lawmakers on Capitol               mate state changes. You go from a cooling
                                          shipped in western coal to meet the                                                                            regime to a warming regime or a warming
                                          standards, and 1,200 miners lost their                  Hill are considering it as they draft legisla-
                                                                                                  tion to control global warming pollution to            regime to a cooling regime. This way we
                                          job.                                                                                                           were able to explain all the fluctuations in
                                            There was a rally that brought in a                   ensure that U.S. goods can compete with
                                                                                                  cheaper imports from countries without reg-            the global temperature trend in the past cen-
                                          lot of politicians who said they were                   ulation.                                               tury,’’ Tsonis said. ‘‘The research team has
                                          there to fight to save these jobs. One of                  ‘‘If developed countries set a barrier in the       found the warming trend of the past 30 years
                                          them whom was there voted for the                       name of climate change for trade, I think it           has stopped and in fact global temperatures
                                          Clean Air Act that destroyed these                      is a disaster,’’ Li said.                              have leveled off since 2001.’’
                                          jobs. I think that’s a little hypo-                        Neither China nor the U.S. ratified the last          The most recent climate shift probably oc-
                                          critical. If you pass legislation that is               agreement, the Kyoto Protocol, which ex-               curred at about the year 2000.
                                          going to destroy these jobs, don’t come                 pires in 2012.                                           Now the question is how has warming
                                                                                                     China has long insisted that developed na-          slowed and how much influence does human
                                          crying and saying, shame on that com-
                                                                                                  tions bear the main responsibility for cut-            activity have?
                                          pany for closing that mine down.                        ting emissions. As president, George W. Bush
                                            My job, through this whole cap-and-                   refused to sign the Kyoto Protocol because               ‘‘But if we don’t understand what is nat-
                                          tax debate, is to make sure that, when                  he said developing nations like India and              ural, I don’t think we can say much about
                                          all is said and done, this body, my con-                China should not be exempt.                            what the humans are doing. So our interest
                                          stituents, will know that I did every-                     Negotiators from other governments at the           is to understand—first the natural varia-
                                                                                                  Monday briefing, including the European                bility of climate—and then take it from
                                          thing possible to save the remaining
                                                                                                  Union and Japan, said that they would not              there. So we were very excited when we real-
                                          coal mining jobs in southern Illinois                                                                          ized a lot of changes in the past century
                                          and I did everything possible to make                   support China’s proposal to unload a portion
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                                                                                                  of its greenhouse gas emissions on importers.          from warmer to cooler and then back to
                                          sure that coal-fired electricity genera-                                                                       warmer were all natural,’’ Tsonis said.
                                                                                                     ‘‘I think the issue here is we take full re-
                                          tion is still part of our portfolio be-                 sponsibility and we . . . regulate all the               Tsonis said he thinks the current trend of
                                          cause it is a low-cost fuel, and it will                emissions that come from our territory,’’              steady or even cooling earth temps may last
                                          help us in our competitive nature in                    said Artur Runge-Metzger, who heads the cli-           a couple of decades or until the next climate
                                          this country.                                           mate change strategy and international ne-             shift occurs.




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                                          March 17, 2009                                    CONGRESSIONAL RECORD — HOUSE                                                                H3497
                                                 ALTERNATIVE ENERGY                               infesting our forests. These are costs                 actly what the scientists told us would
                                            The SPEAKER pro tempore. Under                        and consequences that we are seeing                    happen. Yes, the world’s atmosphere is
                                          the Speaker’s announced policy of Jan-                  now that my friends on the other side                  increasing in temperature. Yes, we’re
                                          uary 6, 2009, the gentleman from Or-                    of the aisle refuse to come to grips                   seeing an increase in the sea level that
                                          egon (Mr. BLUMENAUER) is recognized                     with.                                                  could be 2 to 6 feet by the end of the
                                          for 60 minutes.                                           But we are not going to be able to                   next century. But we are already see-
                                            Mr. BLUMENAUER. Madam Speaker,                        have the same head-in-the-sand atti-                   ing vast stretches of this country in
                                          I enjoyed listening to my colleague                     tude that we saw from the Bush admin-                  the flame zone being subjected to in-
                                          from Illinois. In fact, this is the second              istration alone—of all the major gov-                  creased forest fires, to drought. In your
                                          time today I have heard him speak on                    ernments in the world, alone—denying                   areas in the Southeast, you have seen
                                          the floor and I have seen him point to                  the imperative of global warming,                      drought where it has not been a prob-
                                          the picture of the coal miners and talk                 withdrawing from opportunities to be                   lem for years. In the Southwest, Lake
                                          about the problems of the Clean Air                     collaborative on a national scale.                     Mead that supplies the city of Las
                                                                                                                                                         Vegas is going down, causing massive
                                          Act. And I hope every American was                                       b 1915
                                          listening to that because that is ex-                                                                          disruption. We are watching changes
                                                                                                    What we had to have in the last 8                    that are taking place in terms of
                                          actly what we are talking about today.                  years, where the other side of the aisle
                                            We had, for decades, people burning                                                                          snowpack. My good friend and col-
                                                                                                  simply accepted that sort of behavior                  league from the Pacific Northwest, Mr.
                                          dirty coal, turning rivers and lakes in
                                                                                                  from their administration and, in fact,                INSLEE, and I depend on snowpack for
                                          other parts of the country, acid rain,
                                                                                                  aided and abetted and supported it, we                 water supply and energy production.
                                          destroying forests, posing problems to
                                                                                                  had over 900 cities across the country                 This makes a great deal of difference.
                                          people’s health. And what this Con-
                                                                                                  come forward and say wait a minute,                      Madam Speaker, one of the concerns
                                          gress did, in a bipartisan effort, was
                                                                                                  we’re not going to wait for the Bush                   I have as I am listening to our friends
                                          create a mechanism to make it so that
                                                                                                  administration and the Federal Gov-                    on the other side of the aisle make
                                          it was no longer free to pollute the air
                                                                                                  ernment. We are going to take it upon                  things up about what is going to hap-
                                          with dirty coal that created acid rain
                                                                                                  ourselves to deal with climate change                  pen with a proposal to reduce carbon
                                          and destroyed lakes and forests.
                                            My friend didn’t want to talk about                   and global warming and move to                         pollution and put a price on it, they as-
                                                                                                  change our local economy, to prepare                   sume somehow that this is going to re-
                                          the problems to health, didn’t want to
                                                                                                  it for the future, and to help slow this               sult in money disappearing, that some-
                                          talk about the issues that relate to the
                                                                                                  damage to the environment by carbon                    how this is just a tax that goes into the
                                          damage to the environment, or the fact
                                                                                                  pollution.                                             great government maw and there is
                                          that we were able to create the most                      I come from a community in Port-
                                          effective market system in history                                                                             nothing that comes out the other end.
                                                                                                  land, Oregon, where we have actually                   Well, as a practical matter, and I’m
                                          that was able to solve a real problem to                reduced greenhouse gas emissions for 4                 confident that in the course of this
                                          the environment, to health. Life went                   years in a row. We’re very close to                    hour as I work with my friend Mr. INS-
                                          on. Yes, there were some changes in                     being Kyoto compliant. It gave us an                   LEE, who I see poised here in the front
                                          terms of the economy. There were                        opportunity, frankly, to create new                    of the Chamber and I am hoping that
                                          some people who didn’t—when it be-                      green jobs. We were competing with                     he’s willing to enter into this conversa-
                                          came too expensive for them to foul                     Houston and Denver for being the wind                  tion with me because he knows a great
                                          the air, spoil our lakes, and destroy our               energy capital of the United States be-                deal about it, we hope that we will be
                                          forests, then they shifted. Well, I would               cause we’ve been serious about energy                  able to encourage, if not our Repub-
                                          suggest, Madam Speaker, that any                        conservation, transportation choices,                  lican friends, at least the American
                                          independent observer would suggest                      land use, all of the things that are                   people to look at the President’s budg-
                                          that that was a solid program and a                     going to be part of a comprehensive so-                et. Look at what he has proposed to
                                          good tradeoff.                                          lution to the threat of these changes to               begin a comprehensive approach to
                                            I don’t hear my friend from Illinois                  the climate and the carbon pollution.                  transform our energy supply and slow
                                          coming to the floor and saying, repeal                  We’ve actually been able to make some                  global warming.
                                          the Clean Air Act so we can have a few                  progress and be positioned to deal with                  Yes, he recommends putting a price
                                          more miners at work creating dirty                      a carbon-constrained economy.                          on carbon pollution, but he also rec-
                                          coal that is going to ruin our environ-                   We need, Madam Speaker, for people                   ommends that this money would be
                                          ment and destroy health. That issue is                  to reflect on what is happening now.                   generated by having the carbon pol-
                                          over.                                                   Just like my friend from Illinois didn’t               luters pay for the privilege, just like
                                            We are facing a very real challenge                   talk about the cost of acid rain. It                   we did with acid rain so successfully
                                          today about what we are going to do to                  didn’t matter to him. He was concerned                 that my friend from Illinois now is
                                          protect the future of the planet. I will                about a few miners in his district and                 against. There are opportunities to be
                                          get into, in a moment, talking about                    didn’t care about the damage to forests                able to put this back into place because
                                          some of the discussion that we have                     and human health and lakes and fish-                   the program, and I’m just quoting from
                                          heard from our friends on the other                     ing. But we are already seeing the dam-                the President’s budget, would be imple-
                                          side of the aisle, but one of the things                age that is occurring as a result of cli-              mented through a cap and trade, like
                                          that is very, very important to note is                 mate change.                                           we did with acid rain, that will ensure
                                          that they have no answer in terms of                      Speaking of acid rain, one of the                    that the biggest polluters don’t enjoy a
                                          what we do to the slow cooking of the                   things we are seeing is that the ocean                 windfall. The program will fund vital
                                          planet. They ignore the costs that are                  is slowly becoming more and more                       investments in a clean energy future,
                                          being incurred right this minute. Tem-                  acidic. This increased acidic content of               which I think my friend Mr. INSLEE
                                          peratures in Alaska have already gone                   the ocean is having a consequence in                   may have some thoughts about, $150
                                          up several degrees, permafrost is no                    terms of damaging coral reefs. I mean                  billion over the course of the next 10
                                          longer permanent, roads are buckling,                   these are the rain forests of the ocean.               years. The balance of the auction reve-
                                          coastal villages washed away. These                     This is where billions and billions of                 nues are to be returned to the people,
                                          are costs and consequences that we are                  different animals and plants reside up                 especially vulnerable families, commu-
                                          already seeing as the ocean levels slow-                the food chain throughout the ecologi-                 nities, and business, to help the transi-
                                          ly, imperceptibly to most of us, but                    cal system of the ocean that makes a                   tion to the clean energy economy.
                                          very clear to scientists when they see                  difference in terms of how people on                     You know, there’s a great NRDC blog
                                          the fabled Inland Passage in the Arctic                 this planet are going to be fed. We are                that talks about Newt Gingrich’s asser-
                                          Ocean free of ice, when we watch the                    watching what has happened. There                      tion that climate change will result in
smartinez on PROD1PC64 with HOUSE




                                          habitat shrink for arctic animals, when                 may be consequences in terms of the                    a $1,300 tax per household. And they
                                          we watch diseases shifting from vector                  Earth’s climate because of the change                  point out it’s simply voodoo econom-
                                          control—West Nile disease, for in-                      in the ocean’s current and acidic level.               ics.
                                          stance, popping up in places where it                     We are seeing across the country in-                   First of all, he ignore